Amending a name on a Trust Deed

Keywords: incorrect name, deed of rectification, SMSF deed of variation

Question 

How to amend a name on a trust deed?

Answer

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). 

If you need a Deed of Rectification drafted, email legal@nowinfinity.com.au and we can refer you to our legal services provider who can assist on a fee-for-service basis. 

 

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. 

 

Further Information

What should I do when a Trustee's legal name has changed?

 

 

Disclaimer: You acknowledge and agree that our Services and Materials do not constitute or contain personal or general advice for the purpose of the Corporations Act 2001 (Cth) and that we, our employees and advisers do not offer any legal, accounting, tax or other professional advice or services in connection with the provision of our Services and any Materials.

 

Was this article helpful?
0 out of 0 found this helpful
Have more questions? Submit a request