On this page

The Change of Trustee for a Unit Trust document package allows you to change the trustee of a Unit Trust.

As always, our master documents are signed-off by our lawyers at Maddocks.

The document package covers the following changes:

• from company to company;
• from company to one or more individuals;
• from individual(s) to company; and
• appoint or retire one or more individuals.

The change of trustee can be made by:

• the trustee(s); or
• the unit holder(s) appointing new trustee(s).

The trust must already have a Cleardocs deed

The Unit Trust for which you order this document package must have a Cleardocs deed.

If the trust does not have a Cleardocs deed, then you cannot update the deed to a Cleardocs deed. You can read about why here.

What does the Change of Trustee for a Unit Trust document package include?

The Change of Trustee for a Unit Trust package includes all of the documents required to record the change of trustee — namely:

• Trustee consent forms;
• Trustee minutes;
• Unit holder minutes;
• Change of Trustee Deed; and
• Establishment Kit telling you what to do next.

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

To save you some 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 Unit Trust (or previously changed the trustee) on Cleardocs.

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

Can the change of trustee package be used to remove trustee(s) without the relevant parties' consent?

If the change to the trustee is being made without the consent of the trustee(s), 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?

You will need a different set of documents if the retiring trustee(s) are not available to sign the documents — for example, if an individual trustee is no longer alive. The Cleardocs Change of Trustee document package is not suitable under these circumstances. Maddocks can provide you with a quote to prepare these documents. Please call us on 1300 307 343 to arrange a quote from Maddocks.

Frequently Asked Legal Questions for Change of Trustee for a Unit Trust

• Is the Change of Trustee package suitable if any of the trust's trustee(s) have died and are to be replaced?
• Does the Change of Trustee package allow you to appoint more than one trustee at a time?
• Can I appoint a company and an individual to act jointly as trustees of the trust?
• What is the maximum number of trustees that can be appointed to act jointly as trustees of the trust?
• If the trust holds property on which stamp duty may be paid, will the change of trustee give rise to a stamp duty liability?
• Does the Change of Trustee deed need to be registered to be effective?
• Does the Change of Trustee package allow for a trustee to be removed without their consent?
• If my Unit Trust Deed is not a Cleardocs deed, then can I update my Deed to a Cleardocs deed to enable the trust to use the Change of Trustee Product?
• Why can't a Trust's deed be updated to a Cleardocs deed?
• If there is only one unitholder of the trust, how do they pass a special resolution to appoint a trustee/s?