Mistakes in trust deeds for discretionary trusts, unit trusts and self-managed superannuation funds deeds are common.

Whether a deed incorrectly or incompletely records names, is improperly executed or there is ambiguity about the parties to a deed, all of these issues can hinder the operations of a trust or SMSF, delay settlement with a financial institution and even result in non-compliance.

One solution to these common errors may be a deed of ratification – an instrument which acknowledges the errors, confirms the proper actions of the parties and confirms the validity and effectiveness of the actions taken by the parties, regardless of a procedural or technical error.

Our team provides expert guidance on when a deed of ratification is necessary and prepares tailored documentation to ensure issues do not arise going forward.

If a trust or super fund deed contains errors that require ratification, we can provide a solution which will allowing corrections to be made seamlessly and quickly.

Common errors include:

– Signing and witnessing defects

– Execution dates

– Specific schedule items

– Incorrectly or incompletely recorded names

– Other issues requested by banks and other 3^rd parties

Before making any amendments to your trust deed, it is important to consider any tax and duty implications. We strongly recommend seeking legal or accounting advice specific to your circumstances.

Ready to proceed? Place your order online or reach out to our legal specialists for personalised assistance.