Consider this if…

  • A trustee is retiring, has died or lost capacity
  • Individual trustees will be replaced by a company
  • A corporate trustee is being replaced
  • Trust assets or accounts still record an outgoing trustee

How it works

  1. Send us the trust record

    We review the signed deed, later amendments and the people or entities involved.

    At the start

  2. We identify the legal pathway

    We check the relevant power, approvals, documents and whether accounting, tax or duty advice is needed.

    After document review

  3. We prepare the documents

    We prepare the deed, resolutions, consents and supporting records included in the agreed scope.

    Timing confirmed with the scope

  4. Signing and completion

    We explain execution and the records or notifications required after signing.

    After approval

Fee

Quoted in writing before we start

GST inclusive

The scope, fee and expected timing are confirmed in writing before work begins.

Check the deed's succession process

The deed identifies who can remove or appoint a trustee and the notices, consents or conditions that apply. Later amendments and changes of appointor may alter that process.

Deal with the assets as well as the office

A deed of change does not automatically update every title, bank account, investment, contract or registration. We identify the consequential documents and third-party requirements within the agreed scope.

Consider duty and tax before signing

A trustee change can raise duty and tax questions depending on the trust, its property and the beneficial interests. Those consequences should be checked before the change is implemented.

Frequently asked questions

Can a trustee resign immediately?

Only if the deed and applicable law permit the proposed process and any replacement requirements are met. The trust must not be left without a valid trustee.

Do trust assets need to be transferred?

Often the records of legal ownership must be updated. The steps depend on the asset and how it is registered.

Can we replace individuals with a corporate trustee?

Often, but the company must be established and validly appointed, and the asset, duty, tax and financing consequences must be addressed.

Related services

Send the signed deed and tell us what has happened or what you need to change.

Ask about this trust service

Let's start the conversation.

Tell us about your matter and we'll respond within one business day. Transparent fees: a written estimate before work begins, fixed-fee options where we can, and we tell you immediately if the scope changes.

Great law is just the beginning.

Call (03) 9427 7641