Consider this if…
- A name, entity, clause or schedule is wrong
- The signed deed differs from the agreed instructions
- A bank or adviser has found a drafting inconsistency
- The error affects administration, tax or a proposed transaction
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.
Correction is not the same as variation
A variation changes the trust prospectively. Rectification seeks to make the document record the intention that existed when it was executed. Calling a new preference an “error” does not make it rectification.
Evidence matters
Drafts, instructions, correspondence, resolutions and the parties' conduct may help establish the original intention. We assess that material before choosing a private deed, another corrective process or a court application.
Revenue treatment must be checked
The tax and duty treatment depends on the facts and the effect of the correction. No outcome should be assumed merely because a document is titled a deed of rectification.
Frequently asked questions
Can a spelling mistake be corrected easily?
Some clerical errors are straightforward, but even a name error can affect identity or ownership. The deed and surrounding records should be checked first.
When is a court application needed?
That depends on the defect, available evidence, affected rights and whether a private document can validly achieve the correction.
Does rectification avoid tax or duty?
Not automatically. The revenue consequences require separate assessment based on the facts and the legal effect of the correction.
Related services
Send the signed deed and tell us what has happened or what you need to change.
Ask about this trust service