Keywords: incorrect name, deed of rectification, SMSF deed of variation
How to amend a name on a trust deed?
Incorrect or omitted names (e.g. missing middle names, incorrectly spelt names) can cause problems for clients.
In some circumstances, minutes or references to "also known as..." may suffice. However, we commonly find that many third-party organisations (such as financial institutions) will ask for a proper correction of the name/s - i.e. the correction to be done by deed (such as, a Deed of Rectification).
A Deed of Rectification is an ancillary document that accompanies the original Deed. This is generally sufficient. If, however, the third party also requires you to amend the Deed's Schedule to reflect the change (often, due to their own internal policies), your options include:
a) For a SMSF Trust Deed, you may use the SMSF Deed of Variation service available on the platform - you must be aware, however, that when you use the SMSF Deed of Variation form, you are effectively adopting a new set of rules for your Fund. Read more here.
Alternatively, our legal services provider can draft the relevant documentation on a fee-for-service basis.
b) For other types of Deeds (i.e. Discretionary Trust, Unit Trust), our legal services provider can assist on a fee-for-service basis.
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