Trust services
Deed of rectification.
A drafting error in a trust deed can misname the settlor, omit a beneficiary, state the wrong vesting date or contradict itself. Rectification corrects the document so it says what everyone always intended it to say.
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.
How rectification works.
We gather the evidence of the actual intention, instructions, drafts, correspondence, accounts and conduct, and prepare a deed of rectification signed by the parties, with recitals establishing the error and the true position.
Where a party will not consent or a third party is affected, rectification may require a Supreme Court application. We assess that at the outset and tell you which route is realistic.
Rectification corrects a recording error, not a change of mind. If the parties now want something different from what they agreed, that is a variation.
Why it pays to have this done properly.
The document matches the intention
Errors in names, dates, classes and percentages corrected with evidence to support the change.
Tax and duty consequences avoided
Rectification of a genuine error generally avoids the CGT and duty consequences of a fresh disposition.
Court route assessed honestly
Where consent is not available, we tell you early what a Supreme Court application would involve.
Is this you?.
- The deed names the wrong settlor, trustee or beneficiary
- The vesting date or a percentage was recorded incorrectly
- Clauses contradict each other or reference missing schedules
- An auditor or the ATO has queried an obvious error
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 rectification and supporting evidence file, 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 consented rectification with clear evidence. Court applications are quoted after we review the evidence and identify affected parties.
FAQs
Frequently asked questions.
Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.
Do we need to go to court?
Will the ATO accept a rectification deed?
How far back can an error be corrected?
Related services.
Ready to get started with deed of rectification?.
Start online or book a consultation with a CMK Legal commercial lawyer in Richmond, Melbourne.