Change of Appointor (Discretionary Trust)

We can prepare a deed of amendment to change the appointor of an existing trust. This may be to add an additional appointor, remove an appointor, or to change the appointor arrangement based on the rights of survivorship. This amendment will be prepared by our in-house legal team in accordance with the terms of the deed, so we ask that you upload an executed copy of the original deed on the order.

Our in-house legal team will prepare a deed of Removal/Retirement and/or Appointment of Appointor, which is a supplementary deed to be kept with the original trust deed. The deed and supporting documents will be prepared in accordance with the rules as set out in the original trust deed.

The Change of Appointor documentation will be prepared in accordance with the rules as set out in the original trust deed, so will therefore vary for different deeds, but will usually include:

  • Deed of Retirement and/or Appointment of Appointor
  • Explanatory letter

 

Important Note:
Stamp duty may apply in relation to the deeds. Constitute is not liable for advising on stamp duty, paying the stamp duty or arranging for lodgment of the documents for stamping. In some states, there may be adverse stamp duty consequences as a result of these changes. We recommend calling the department responsible for State Revenue in the relevant State/Territory for further information on possible duty where there are transfers of property.

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