Trust deeds may need to be amended so as to sit parallel with perpetually evolving legislation, where an inadequacy is discovered in the terms of the trust or where the parties agree on a change to beneficial interests. Generally, trust deeds may be amended in accordance with the terms of the trust deed (if any) or by application to the Court. Many Asset Protection Lawyers or Trust Lawyers include express clauses in trust deeds that facilitate a variation to the terms of the trust in certain circumstances. Alternatively, Courts have an inherent power as well statutorily conferred powers to modify the terms of trust deeds. However, these powers are very strictly limited.
Certain variations to trust deeds may be considered recreations of the trust. A recreation of a trust can incur tax implications for state revenue purposes. This underscores the importance of having a trust deed correctly and accurately drawn up by a Trust Lawyer the first time. Amongst other things, a trust deed should comprehensively address the process and circumstances under which an amendment or variation to the trust deed can be properly effected, so as to avoid acrimony and unnecessary expense in remediating inadequacies and flaws.
Our Trust Lawyers and Asset Protection Solicitors are highly experienced in drafting, establishing and implementing trust deeds. Our Lawyers have assisted a variety of individuals, families and entities take advantage of trust structures for asset protection, legal tax minimization and commercial purposes. We have exceptional experience in both a theoretical and practical sense when it comes to trust vehicles.
Contact our office to speak to a Trust Lawyer or Asset Protection Solicitor. We have branch offices conveniently positioned across the Sydney metropolitan area, including in Baulkham Hills, Bondi Junction, Gordon, North Sydney and Parramatta. For a full list of our office locations, with complete addresses, click on our Locations tab above or contact our main office line on (02) 9233 4048.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
If you require assistance with a matter, you should make an appointment to see one of our Lawyers in one of the following locations:
- Sydney
- Parramatta
- North Sydney
- Hurstville
- Liverpool
- Gordon
- Baulkham Hills
- Campbelltown
- Bondi Junction
