Trust services
Deed of ratification.
Things get done before the paperwork catches up: a distribution resolved late, an asset bought in the wrong name, a trustee acting before formal appointment. A deed of ratification confirms and adopts those actions so the record is coherent.
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.
When ratification is the right tool.
Ratification works where the action was capable of being authorised and the person with power now confirms it. It is commonly used for trustee acts performed before appointment, distributions made without a documented resolution, and contracts entered on behalf of a trust or company not yet formed.
We review what was actually done, confirm whether ratification is available or whether rectification or a fresh instrument is required, and prepare the deed with the supporting resolutions and background recitals.
Ratification cannot validate something the trustee never had power to do. Where the power was absent, a variation or court application is the honest answer.
Why it pays to have this done properly.
The record is made consistent
Auditors, the ATO and buyers see documented authority for what actually happened.
Trustee exposure reduced
Unauthorised acts leave trustees personally exposed. Ratification, where available, closes that gap.
Clear recitals
The deed sets out what was done and when, so the history is not reconstructed years later from memory.
Is this you?.
- Distributions were made without documented resolutions
- A trustee acted before the appointment deed was signed
- A contract was signed for an entity that did not yet exist
- An auditor has raised the lack of authority for past actions
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 ratification and supporting resolutions, 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 a straightforward ratification. Where several years of undocumented actions need review, we quote after an initial file review.
FAQs
Frequently asked questions.
Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.
Can ratification be backdated?
Is ratification enough for the ATO?
Ratification or rectification?
Related services.
Deed of rectification
Correct a deed that does not reflect what the parties actually agreed.
Learn moreDeed of variation
Amend an existing trust deed without triggering a resettlement.
Learn moreChange of trustee/appointor
Retire and appoint trustees or appointors without triggering a resettlement.
Learn moreReady to get started with deed of ratification?.
Start online or book a consultation with a CMK Legal commercial lawyer in Richmond, Melbourne.