Variation of Discretionary Trust

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Last updated November 18, 2025

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Suitable for Australia

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Frequently asked questions

Use this Variation of Discretionary Trust if:

  • A discretionary trust has previously been established;
  • The trustee is permitted to amend the trust deed; and
  • The changes to the trust deed are to be formalised, as set out in a deed of variation.

What does the Variation of Discretionary Trust cover?

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

Other names for Variation of Discretionary Trust include:

  • Deed of Variation of Discretionary Trust; and
  • Change of Discretionary Trust. 

Further information

View Sample Variation of Discretionary Trust

The Legal Risk Score of a Variation of Discretionary Trust Template is High

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

  • Amendments made to the trust deed might inadvertently affect the interests of beneficiaries who were previously entitled, despite stipulations intended to prevent such outcomes.
  • The document allows for alterations to the trust deed which, if not carefully considered and executed, could potentially conflict with existing laws or rules, such as those against perpetuities.
  • The document generally deals with large amounts of asseys and could have tax implications.

Users familiar with trust operations and the specific terms of the original trust deed are likely to navigate these risks more effectively, but should still proceed with caution and consider seeking professional advice to ensure the changes align with legal requirements and their personal or fiduciary goals.

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