Change of Trustee Discretionary Trust

Update your trustee for a Cleardocs Discretionary (Family) Trust
$ 201.30

(inc. GST)


Use Cleardocs to change the trustee of a Cleardocs Discretionary (Family) Trust. This document package allows for changes to a trustee of a Discretionary (Family) Trust:

  • from company to company;
  • from company to one or more individuals;
  • from individual(s) to company;
  • from individual(s) to other individuals.

Time taken to complete 10 minutes.

Cost $ 201.30 (inc GST)

Legal Sign-offThe master documents are written in plain language and are signed-off by our lawyers at Maddocks.

What documents are included in the Cleardocs Change of Trustee Discretionary (Family) Trust package?

You will receive all the documents you require to record your change of trustee:

  • Trustee consent forms;
  • Appointor minutes (if applicable);
  • Current Trustee minutes;
  • New Trustee minutes;
  • First Named Beneficiary minutes (if applicable);
  • Change of Trustee Deed; and
  • an Establishment Kit telling you what to do next.

What information do you need to order a Change of Trustee Discretionary (Family) Trust package through Cleardocs?

You can download our checklist of the information required to order Change of Trustee Discretionary (Family) Trust.

Who can consent or give effect to the Change of Trustee?

The following persons can consent or give effect to the Change of Trustee:

  • all of the 1 to 3 appointors – if the trust has appointor(s);
  • the existing trustee(s); or
  • the first named beneficiary – if the trust does not have a trustee or an appointor.

The trust must already have a Cleardocs deed

The Discretionary (Family) Trust for which you order this document package must have a Cleardocs deed created using either the Discretionary (Family) Trust or Discretionary Trust - excluded beneficiaries document packages. If the trust does not have a Cleardocs deed, then you cannot update the deed to a Cleardocs deed.

We pre-populate your answers...saving you some typing

To save you some time, and typing, we will pre-populate your answers for the Change to Trustee document package with the earlier answers you used when you set up the Discretionary (Family) Trust (or previously changed the trustee) on Cleardocs.

You can then review — and confirm or edit — the pre-populated answers.

Change of Trustee of a Discretionary Trust following a divorce

Quite often as part of a divorce, the couple needs to change the trustee of their Discretionary (Family) Trust. You can use the Cleardocs document package to do that as long as:

  • if one of the trustees is leaving the trust (and the other is staying), the trustee leaving consents to do so; and
  • if any one or more of the trustees are being replaced, that trustee(s) consents to that arrangement.

Can the Change of Trustee package be used without the consent of relevant parties?

If the change to the trustee is being made without the consent of (for example: appointor(s), trustee(s) and perhaps the first named beneficiary), then this document package cannot be used as the change of trustee would breach the terms of the deed.

Maddocks can provide you with a quote to prepare these documents. Please call us on 1300 307 343 to arrange a quote from Maddocks.

Do all the trustee(s) need to be available to sign documents?

If the retiring trustee(s) are not available to sign the documents — for example, if an individual trustee is no longer alive — you will need a different set of documents.

Maddocks can provide you with a quote to prepare these documents. Please call us on 1300 307 343 to arrange a quote from Maddocks.

Seek legal advice

The Change of Trustee Discretionary Trust information here should be considered general in nature, and in no way interpreted as legal advice. You must always seek your own independent legal, accounting and financial advice about your particular situation. The summary on this page is for information purposes only.

Questions or further information

If you have questions:

  • about how to use Cleardocs, contact the Cleardocs helpline on 1300 307 343.
  • about legal issues, contact the Cleardocs helpline on 1300 307 343. If you need advice, we will arrange for you to speak with a lawyer at Maddocks. The firm provides a free legal helpline in relation to the documents Cleardocs provides. If you require other legal advice in relation to your particular circumstances, then this will be charged for.
  • Pre-populated information on your Discretionary (Family) Trust details — saving you time and typing
  • You can appoint more than 1 new trustee at a time — provided this will result in a legally compliant structure
  • Includes copy function for address details - saving you typing
  • Extensive online help and local phone support
  • Full range of tailored change of trustee documents
  • Easy to use question interface