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Amending a trust deed

There are a number of reasons why you may need to review and amend a trust deed, such as legislative changes.

Before you can amend a trust deed check if there is a power of amendment within the deed.

If there is a power of amendment, you then need to determine:

  • Who can exercise that power and are they authorised under the deed to do so
  • If the power permits the proposed change. For example are there specific restrictions on the power
  • What consent (if any) is required to exercise the power. For example settlor, appointer, beneficiary
  • How the power is to be exercised. For example is a separate deed of amendment required

Source: https://www.ato.gov.au/Tax-professionals/Newsroom/Income-tax/Amending-a-trust-deed/

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Chartered Accountants