| Important: As with all documents created about an existing Trust, you must consider the original Trust deed, as well as each subsequent deed and instrument varying the terms of the Trust when determining whether it is appropriate to use this document. The document assumes that the Appointor, Guardian, Principal or similar power holder (Controller) has the power to retire and appoint a replacement Controller in its place. It assumes that no consent is required from any party to implement this change, albeit notice to the Trustee is provided by way of having the Trustee execute the deed. Whether this is sufficient will depend on the terms of the Trust deed. If you are unsure of this position, it is recommended that you seek legal advice or add on legal review to your order. |
Note: This deed of change of Appointor takes the approach of retiring all existing Appointors (including any that intend to continue in the position) and then appointing new Appointors (again, including any wishing to continue in the position).
This deed also assumes that the Appointor is one or more individual(s).
If you are using the Trust Register
You will need to click on the 'Change of Appointor' button under the 'Trustee & Appointor' heading.
You will then be redirected to the relevant webform, to which the form will be pre-filled with the relevant data that has already been added or imported into the Trust Profile of the Trust. You will need to complete any data that has not been pre-filled. These data fields will be highlighted in pink. You cannot submit the webform until all relevant data fields have been completed.
(Screenshots of the form below)
Variation Details page:
- Date of Establishment - Date on which the Discretionary Trust Deed was first established
- Add Date of Variation? - If there have been any variations to this Trust deed, provide the dates on which those variations were executed
Trustee Details page:
Existing Principal/Appointor/Guardian/Other Details:
Note: Any Continuing Principal/Appointor/Guardian will also be listed as a "New Principal" on the next tab.
New Principal details:
Note: Do not remove the details of any of the continuing individuals which have automatically populated in this tab. Again, the deed takes the approach of retiring all existing Principals (including any that intend to continue as Principal) and then appointing new Principals (again, including any wishing to continue).
Once complete, the following documents will appear on the ‘collaboration page’:
- Deed of Change of Appointor
- Resolution
- Legal Scope Statement
Once the documents have been signed by the client, you will need to either change the status on the collaboration page (by clicking the ‘Paper signing’ option) or on the Trust Profile (Mark as Signed’ options).
Once this has been done, the change to the Trust's Appointor/s will be updated within the Trust Profile.
If you are not using the Trust Register (i.e. on a PAYG basis with NowInfinity)
The Change of Appointor/Principal for Discretionary Trust service can be found on the 'Create Documents' page here:
Further Information
Discretionary Trust Change of Appointor: Ordering checklist