AUSTRALIAN LEGAL TEMPLATES
Deed of Variation Unit Trust
Deed of variation of unit trust.
A deed of variation of unit trust can be used to amend a Unit Trust deed.
This precedent is a guide only and should not be adopted for use without consideration of the particular circumstances and the provisions of the particular clauses of the trust deed.
A deed of variation of trust may attract stamp duty and trigger other tax consequences. Commentary is included with links to relevant State (New South Wales) and Federal (ATO) stamp duty and tax rulings.
The provisions of the variation of trust clause in the unit trust deed should be examined to ensure that the trustee has the power to amend the unit trust deed. If this power is subject to conditions, the conditions should be complied with and the recitals amended to recite that the conditions have been satisfied. If there is no express power of variation, a de facto variation (for example to insert a power to vary the terms of the trust deed) may be achieved by a deed signed by the parties to the original trust deed (assuming there has been no change of trustee) in which the current unit holders consent to the variation.
Please note the Stamp Duty is calculated for NSW only and you will need to incorporate your corresponding ruling for your state.
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