Change of Trustee Deed (Discretionary Trust)

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Last updated November 11, 2025

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Suitable for Australia

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Frequently asked questions

Use this Change of Trustee Deed if:

  • A discretionary trust has previously been established;
  • A trustee is voluntarily retiring; and
  • Another trustee is taking their place.

What does the Change of Trustee Deed cover?

  • The changes to the trust deed; and
  • Relevant consents and other consequential terms.

View Sample Change of Trustee Deed (Discretionary Trust)

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.

Articles about Change of Trustee Deed (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.

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.

By Lawpath|

terminate-discretionary-trust

Article about terminate-discretionary-trust

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.

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.

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.

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.

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.

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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