Change a trustee in 7 minutes. No lawyer's fees
Enter trust details in the template, with our easy-to-follow tips.
Print your completed Trustee Substitution Deed, ready for signing.
Arrange for all parties to sign--the old/retiring trustee, the new/incoming trustee and any "appointor or guardian" of the family trust.
With our downloadable Deed of Substitution of Trustee, you can get your agreement in black & white generally in less than 7 minutes.
The Legal Zebra Template guides you through the process, so you can confidently secure your change of trustee for your family or discretionary trust with a formal, yet easy to follow, Agreement.
With Legal Zebra, you can avoid "legal overwhelm" and lawyer's fees and formalise your trust arrangements with a binding legal Deed in place.
Want to change something in the Deed of Substitution of Trustee? No problem. You can make as many changes as you need. The Microsoft Word version is fully editable so you can amend the document as required.
The template we use to generate your customised Deed is up to date and effective throughout Australia.
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LEARN
"We run our business through a family trust. We have been advised that it is safer to have a company act as the trustee of our family trust in case we get sued. So, we want to retire the individual trustees and appoint new trustees. We need a formal Deed to record this."
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Yes, the Legal Zebra template will suit your needs.
"As one of the individuals who act as trustee of our family trust has died, we want to remove them from the trust documents. We need a simple document to record the changes of trustees."
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Yes, you can use this Template to record the removal of the deceased trustee and the continuation of the other trustees, who will be called the New Trustees.
We're sick of paying ASIC fees for a company that acts as trustee of our family trust. The trust is not active so we would prefer to have an individual takeover as trustee. <br>
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Yes, you can achieve this change of trustee with Legal Zebra's easy-to-use template.
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CHECKLIST
You only need to enter a few details, as outlined in the template, and together with the standard provisions you will have a legally binding Australian Deed of Substitution of Trustee document. Here's what's included:
Insert the name and other details of the Retiring Trustee.
Include details of the New Trustee including name and ABN.
Include the name of the family trust, and the orginal trust deed under which the trust was created, to ensure the trust is properly identified.
The document includes a clause to confirm that the Appointor and/or Guardian of the trust approves the change of trustee. This approval is a requirement under most family trusts.
Specify the date that the change of trustee will take place for your trust.
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LEARN
If you appointing a new company or individual to act as the trustee for a family trust, you will need a Deed of Substitution of Trustee. This is also known as a Deed of Appointment and Retirement of Trustee.
This document formally records the change of the trustee role from an old trustee to a new trustee. The assets of the trust can then be transferred, accordingly, to the new trustee without losing their character as trust assets.
Unless you have a proper substitution deed in place, the new entity (purported trustee) will not be properly appointed as the trustee and a transfer of the assets to the new entity may be regarded as a breach of trust.
When you go to change bank accounts or property title deeds for the trust assets, you will be expected to present a Deed of Substitution of Trustee to your bank and government authorities such as the land titles office and state revenue office in your state or territory of Australia. This may be required to evidence that the new trustee has the power to manage the trust.
This Template can be used for most Australian family trusts/discretionary trusts.
You can use Legal Zebra's downloadable Template to put a basic legally binding Deed of Substitution of Trustee in place. It usually takes less than 7 minutes to complete the document.
The Legal Zebra Template is up to date and suitable for use in all States and Territories of Australia including NSW, VIC, ACT, WA, SA, NT, Tasmania and Queensland. Many people outside Australia also use this document because it's so easy to use.
If your trust arrangements are complicated, or the transaction has substantial value, you should seek personalised advice from a lawyer and accountant.
Here are some examples of when to use our Deed of Substitution of Trustee Template...
This Template can be used for most Australian family trusts/discretionary trusts.
You can use Legal Zebra's downloadable Template to put a basic legally binding Deed of Substitution of Trustee in place. It usually takes less than 7 minutes to complete the document.
The Legal Zebra Template is up to date and suitable for use in all States and Territories of Australia including NSW, VIC, ACT, WA, SA, NT, Tasmania and Queensland. Many people outside Australia also use this document because it's so easy to use.
If your trust arrangements are complicated, or the transaction has substantial value, you should seek personalised advice from a lawyer and accountant.
Here are some examples of when to use our Deed of Substitution of Trustee Template...
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PRICING
Create your own document instantly.
Email or phone support.
Interactive PDF & Word Template.
Create your own document instantly.
Legal advice by email or phone.
Interactive PDF & Word Template.
Checked by a Lawyer before signing.
Lawyer prepares a customised Agreement for you.
Legal advice by email, phone or video.
Interactive PDF & Word Template.
Checked by a Lawyer before and after signing.
Special clauses.
WE'VE WORKED WITH
I‘ve made this Deed of Substitution of Trustee Template easy to fill-in and understand. It’s designed so you can get your Agreement in black & white without seeing a lawyer, in most cases.
However, trusts can be tricky! Every family trust is different and may have its own special requirements for approving a change of trustee. For example, some trusts require the consent of a Guardian while others require the approval of an Appointor. It's important to review the details in the trust deed.
Contact me and I'll usually answer basic questions in relation to the template free of charge. Or, you can engage my services if you would like professional assistance to document a substitution of trustee correctly.
Give me a call, or email me. I'm approachable. 🤝
We expect you'll be happy with Legal Zebra's Deed of Substitution. It's easy to use (clear and concise, without any legal mumbo jumbo) and meets the change of trustee requirements for most Australian family trusts.
In the unlikely event this Template doesn't give you everything you need to effect a change of trustee in minutes, not hours, and save you spending hundreds of dollars on a lawyer, then contact us within 60 days of purchase. We'll give you a 100% of your money back. Try it! The risk is on us.
Getting your house in order with a Substitution of Trustee? It's a good time to consider these other documents:
Plus, you'll get easy to follow tips and examples to help you confidently turn your template into a legal document, customised for your requirements.