Change of Trustee Deed (Discretionary Trust)

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Last updated November 11, 2025

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Suitable for Australia

Change of Trustee Deed (Discretionary Trust)

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What is a change of trustee deed (discretionary trust)?

A change of trustee deed is a legal document used to formally retire an existing trustee and appoint a new trustee for a discretionary trust.
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When should you use a change of trustee deed (discretionary trust)?

Use this deed when a trustee of an existing discretionary trust is voluntarily retiring and another person or entity is being appointed as the new trustee.
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What should be in a change of trustee deed (discretionary trust)?

It should include details of the retiring trustee, the new trustee, the appointor’s consent, and terms covering the transfer of trust property and obligations.
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Frequently asked questions

Who must sign the deed for it to be valid?

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Does this document transfer legal title to trust property automatically?

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Are there risks if the new trustee fails in their duties?

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Can a beneficiary become the trustee?

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What notifications and registrations are required after execution?

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Does the retiring trustee keep any rights after retirement?

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Is this deed suitable for all Australian states and territories?

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View Sample Change of Trustee Deed (Discretionary Trust)

Change of Trustee Deed (Discretionary Trust)
risk level indicator at High level

The Legal Risk Score of a Change of Trustee Deed (Discretionary Trust) Template is High

Our legal team have marked this document as high risk considering:

  • There is a risk associated with the new trustee's acknowledgment and commitment to discharging the duties and obligations of the trust, as any failure to perform these can lead to legal complications or breaches of trust.
  • The document does not specify any recourse or corrective measures if the new trustee fails to meet the obligations or mismanages the trust, which could leave the trust's assets vulnerable.
  • The process of transferring all trust properties and obligations from the retiring trustee to the new trustee requires meticulous attention to detail and compliance with legal formalities, posing a risk of oversight or errors during the transition.

Meet Our Users

Articles about Change of Trustee Deed (Discretionary Trust)

How to Change the Trustee of a Discretionary Trust
By Kyle McIndoe|Nov 14, 2019

How to Change the Trustee of a Discretionary Trust

Changing the trustee of a discretionary trust may be required for a number of reasons. In this article, we break down how to do so and its affect.

Variation of Discretionary Trust Sample
By James Miotto|Mar 22, 2016

Variation of Discretionary Trust Sample

A Variation of Discretionary Trust allows you to change the terms of an existing discretionary trust. Customisable and ready to use in under 10 minutes.

terminate-discretionary-trust
By Lawpath|

terminate-discretionary-trust

Article about terminate-discretionary-trust

3 Steps After Completing Your Trust Deed
By Jackie Olling|Dec 4, 2025

3 Steps After Completing Your Trust Deed

Recently established a discretionary trust? Find out what to do after completing your discretionary trust deed here.

Potential Changes to Discretionary Trusts
By Daniel Fane|Nov 28, 2025

Potential Changes to Discretionary Trusts

Important changes that will affect anyone who is currently, or intends to become, a trustee of any discretionary trusts in New South Wales.

Can A Trustee Be A Beneficiary Of A Discretionary Trust?
By Ilyas Omari|May 22, 2024

Can A Trustee Be A Beneficiary Of A Discretionary Trust?

Have you ever wondered whether a trustee can be a beneficiary of a discretionary trust? Check out this article to find out.

Trust Series: What is Trust Vesting?
By Shiryn Hagh|Feb 21, 2024

Trust Series: What is Trust Vesting?

This article will explain what trust vesting is and what you need to know about your trust deed to ensure your trust is vested and administered properly.

A List of the Key Parties to a Discretionary Trust
By Avi Bhargava|Jan 14, 2019

A List of the Key Parties to a Discretionary Trust

A discretionary trust means a trustee can choose not only who benefits, but how they benefit from the trust. Read about the parties involved in this guide.

Where to Find a Lost Trust Deed
By Angela Omari|May 28, 2025

Where to Find a Lost Trust Deed

Have you ever been in a situation where you’ve had to find a lost trust deed? Here is everything you’ll need to know to recover it.

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