Trust services
Change of trustee or appointor.
Changing who controls a trust is a deed, not a form. Done properly it is straightforward; done casually it can trigger duty, break a lender's security, or cast doubt on every distribution made afterwards.
Lawyer prepared
Deeds drafted and settled by a lawyer, not a form generator.
Fast turnaround
Standard deeds prepared within one business day of instructions.
Fixed fee, quoted first
Fixed fee quoted first, with any duty payable set out up front.
Compliant documents
Trustee Act, Duties Act and ATO practice considered on every deed.
What a change of trustee involves.
We read the existing deed to find who holds the power to remove and appoint, prepare the deed of retirement and appointment with the required consents, and deal with the transfer of trust assets into the new trustee's name: land, shares, bank accounts and PPSR registrations.
Where the appointor role is changing, whether by resignation, death or a change in the family, we document that separately and update the trust register.
In Victoria, a change of trustee over dutiable property can attract duty unless an exemption applies. We confirm the position with the State Revenue Office before the deed is signed.
Why it pays to have this done properly.
Control moves cleanly
Retirement, appointment, consents and asset transfers are documented in the right order and the right form.
Duty exposure checked
We identify whether an exemption applies before the change, not when the assessment arrives.
No resettlement risk
The deed is drafted so the trust continues, avoiding the CGT consequences of an inadvertent new trust.
Is this you?.
- You are moving from individual trustees to a company
- A trustee has died, lost capacity or wants to retire
- Control of the family trust needs to pass to the next generation
- A lender or auditor requires the trustee to change
If any of these sound familiar, a short conversation will tell you whether this is the right document, and what it costs, before you commit.
How it works.
- 01
Tell us what you need
Start online or call us. We take short instructions, names, roles, structure and timing, and confirm this is the right document for what you are actually trying to achieve.
- 02
We check the detail
We confirm eligibility, consents, existing documents and any tax or duty consequence before drafting, so nothing is discovered after lodgement.
- 03
We prepare and lodge
We draft the deed of retirement and appointment, consents and asset transfers, send it for signing with clear instructions on who signs what and when, and attend to any ASIC, State Revenue Office or ATO lodgement.
- 04
You get a complete file
You receive executed documents, registers and confirmations in a single organised pack, plus a short note on what to keep and what happens next.
Fees.
Fixed fee for the deed and consents. Land transfers, SRO lodgement and duty are itemised separately, as is registration of a new trustee company.
FAQs
Frequently asked questions.
Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.
Who can remove a trustee?
Do we have to transfer the assets?
Will this trigger CGT?
Related services.
Ready to get started with change of trustee/appointor?.
Start online or book a consultation with a CMK Legal commercial lawyer in Richmond, Melbourne.