Consider this if…
- A trustee decision was made without a complete resolution
- Documents were signed before approval was recorded
- A bank, auditor or adviser has identified a gap
- The trust record does not match what occurred
How it works
Send us the trust record
We review the signed deed, later amendments and the people or entities involved.
At the start
We identify the legal pathway
We check the relevant power, approvals, documents and whether accounting, tax or duty advice is needed.
After document review
We prepare the documents
We prepare the deed, resolutions, consents and supporting records included in the agreed scope.
Timing confirmed with the scope
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.
Identify the act and the defect
We determine what was done, by whom, under which power and what was missing. A lack of evidence is different from an act that the trustee had no power to take.
Decide whether ratification is available
The deed and applicable law determine whether the relevant person can confirm the act retrospectively. Ratification cannot be assumed where rights have intervened or the original act was beyond power.
Create a coherent record
Where ratification is appropriate, the deed and supporting resolutions should state the facts and authority accurately. Other documents may also need correction or notification.
Frequently asked questions
Does ratification make every invalid act valid?
No. Its availability and effect depend on the original act, the relevant power, who can approve it and whether other rights are affected.
How is ratification different from rectification?
Ratification generally confirms an act; rectification corrects a document that does not record the intended position. The facts determine which is appropriate.
Do we need court approval?
Some defects can be addressed by documents under the deed, while others may require court involvement. We assess that before recommending a pathway.
Related services
Send the signed deed and tell us what has happened or what you need to change.
Ask about this trust service