Trust services
Amendments to a trust for borrowing.
Lenders read the trust deed. If the trustee's power to borrow, mortgage or guarantee is limited or missing, the loan will not settle until the deed is amended, usually at the worst possible moment before settlement.
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 lenders look for in a trust deed.
Banks check for an express power to borrow, to give security over trust assets, to guarantee the obligations of others where relevant, and a right of indemnity from trust assets that is not cut down elsewhere in the deed. They also check who must consent.
We review the deed against the lender's requirements, prepare the deed of variation adding or clarifying the powers, and provide the executed deed and trustee resolutions in the form the lender's solicitors will accept.
Send us the deed as soon as finance is in prospect. Deed amendments discovered three days before settlement are the most common cause of extension requests and penalty interest.
Why it pays to have this done properly.
Settlement is not delayed
The deed is checked and amended early, so the lender's conditions are satisfied before the settlement date.
Trustee indemnity preserved
The right of indemnity is what allows the trustee to be reimbursed from trust assets. We make sure the deed does not cut it down.
Consents documented
Appointor consent and trustee resolutions prepared so the security is properly authorised and enforceable.
Is this you?.
- The bank has raised a condition about the trust deed
- The trust is buying property with finance
- The trustee needs to guarantee a related entity's loan
- The deed is old and the borrowing clause is thin
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 variation and trustee borrowing 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 borrowing-focused variation and resolutions, usually turned around within one business day where the deed is provided promptly.
FAQs
Frequently asked questions.
Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.
Will amending the deed trigger duty or resettlement?
How fast can this be done?
Does the SMSF version differ?
Related services.
Deed of variation
Amend an existing trust deed without triggering a resettlement.
Learn moreAmendments to SMSF for borrowing
Deed amendments enabling a compliant limited recourse borrowing arrangement.
Learn moreBare trust: SMSF
The holding trust that owns the asset while your SMSF repays the loan.
Learn moreReady to get started with amendments to trust for borrowing?.
Start online or book a consultation with a CMK Legal commercial lawyer in Richmond, Melbourne.