Deed of Substitution of Trustee Template

Change a trustee in 7 minutes. No lawyer's fees

DIY

How it works

Type in your details

Type in your details

Enter trust details in the template, with our easy-to-follow tips.

1
Type in your details
Print out
2
Print out

Print out

Print your completed Trustee Substitution Deed, ready for signing.

Sign the document

Sign-off

Arrange for all parties to sign--the old/retiring trustee, the new/incoming trustee and any "appointor or guardian" of the family trust.

3
Sign the document
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WHY LEGAL ZEBRA

Appointing a new trustee for your family trust? Do it the easy way!

With our downloadable Deed of Substitution of Trustee, you can get your agreement in black & white generally in less than 7 minutes.

Easy to use

Easy to Use

The Legal Zebra Template guides you through the process, so you can confidently secure your change of trustee for your family or discretionary trust with a formal, yet easy to follow, Agreement.

Legally Binding

Legally Binding

With Legal Zebra, you can avoid "legal overwhelm" and lawyer's fees and formalise your trust arrangements with a binding legal Deed in place.

Unlimited Edits

Unlimited Edits

Want to change something in the Deed of Substitution of Trustee? No problem. You can make as many changes as you need. The Microsoft Word version is fully editable so you can amend the document as required.

Latest update

Latest Update (2022)

The template we use to generate your customised Deed is up to date and effective throughout Australia.

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Who is this Substitution of Trustee template for?

Appointing a corporate trustee to replace an individual trustee

"We run our business through a family trust. We have been advised that it is safer to have a company act as the trustee of our family trust in case we get sued. So, we want to retire the individual trustees and appoint new trustees. We need a formal Deed to record this."

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Yes, the Legal Zebra template will suit your needs.

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One of the trustees of the family trust has passed away and can no longer act

"As one of the individuals who act as trustee of our family trust has died, we want to remove them from the trust documents. We need a simple document to record the changes of trustees."

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Yes, you can use this Template to record the removal of the deceased trustee and the continuation of the other trustees, who will be called the New Trustees.

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Replacing a company with an individual trustee

We're sick of paying ASIC fees for a company that acts as trustee of our family trust. The trust is not active so we would prefer to have an individual takeover as trustee. <br>

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Yes, you can achieve this change of trustee with Legal Zebra's easy-to-use template.

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Download our full Word & PDF Templates to make your Substitution of Trustee now! $47

CHECKLIST

Checklist - What's in the Substitution of Trustee Template?

You only need to enter a few details, as outlined in the template, and together with the standard provisions you will have a legally binding Australian Deed of Substitution of Trustee document. Here's what's included:

General legal tips
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Plus, you'll get easy to follow tips and examples to help you confidently turn your template into a legal document, customised for your requirements.

Retiring trustee's details
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Insert the name and other details of the Retiring Trustee.

New trustee's details
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Include details of the New Trustee including name and ABN.

Identify the family trust
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Include the name of the family trust, and the orginal trust deed under which the trust was created, to ensure the trust is properly identified.

Confirm the approval of the Appointor/Guardian
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The document includes a clause to confirm that the Appointor and/or Guardian of the trust approves the change of trustee. This approval is a requirement under most family trusts.

Changeover date for appointment of new trustee
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Specify the date that the change of trustee will take place for your trust.

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Try a Free Sample or download the complete Word & PDF Substitution of Trustee files instantly for only $47.

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Frequently Asked Questions

What is a Deed of Substitution of Trustee?
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If you appointing a new company or individual to act as the trustee for a family trust, you will need a Deed of Substitution of Trustee. This is also known as a Deed of Appointment and Retirement of Trustee.

This document formally records the change of the trustee role from an old trustee to a new trustee. The assets of the trust can then be transferred, accordingly, to the new trustee without losing their character as trust assets.

Unless you have a proper substitution deed in place, the new entity (purported trustee) will not be properly appointed as the trustee and a transfer of the assets to the new entity may be regarded as a breach of trust.

When you go to change bank accounts or property title deeds for the trust assets, you will be expected to present a Deed of Substitution of Trustee to your bank and government authorities such as the land titles office and state revenue office in your state or territory of Australia. This may be required to evidence that the new trustee has the power to manage the trust.

When to use Legal Zebra's Deed of Substitution of Trustee Template
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This Template can be used for most Australian family trusts/discretionary trusts.

You can use Legal Zebra's downloadable Template to put a basic legally binding Deed of Substitution of Trustee in place. It usually takes less than 7 minutes to complete the document.

The Legal Zebra Template is up to date and suitable for use in all States and Territories of Australia including NSW, VIC, ACT, WA, SA, NT, Tasmania and Queensland. Many people outside Australia also use this document because it's so easy to use.

If your trust arrangements are complicated, or the transaction has substantial value, you should seek personalised advice from a lawyer and accountant.

Here are some examples of when to use our Deed of Substitution of Trustee Template...

Can I use Legal Zebra's Deed of Substitution of Trustee template for trusts other than family trusts?
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This Template can be used for most Australian family trusts/discretionary trusts.

You can use Legal Zebra's downloadable Template to put a basic legally binding Deed of Substitution of Trustee in place. It usually takes less than 7 minutes to complete the document.

The Legal Zebra Template is up to date and suitable for use in all States and Territories of Australia including NSW, VIC, ACT, WA, SA, NT, Tasmania and Queensland. Many people outside Australia also use this document because it's so easy to use.

If your trust arrangements are complicated, or the transaction has substantial value, you should seek personalised advice from a lawyer and accountant.

Here are some examples of when to use our Deed of Substitution of Trustee Template...

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Keep your family trust paperwork in order. Record a change of trustee the proper way.

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Create your own document instantly.

Legal advice by email or phone.

Interactive PDF & Word Template.

Checked by a Lawyer before signing.

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Great value, combines tech with the personal touch

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$1,497
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Lawyer prepares a customised Agreement for you.

Legal advice by email, phone or video.

Interactive PDF & Word Template.

Checked by a Lawyer before and after signing.

Special clauses.

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Best for peace of mind and high value matters

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GET HELP

Trusts are tricky! Need help with your Substitution of Trustee?

I‘ve made this Deed of Substitution of Trustee Template easy to fill-in and understand. It’s designed so you can get your Agreement in black & white without seeing a lawyer, in most cases.

However, trusts can be tricky! Every family trust is different and may have its own special requirements for approving a change of trustee. For example, some trusts require the consent of a Guardian while others require the approval of an Appointor. It's important to review the details in the trust deed.

Contact me and I'll usually answer basic questions in relation to the template free of charge. Or, you can engage my services if you would like professional assistance to document a substitution of trustee correctly.

Give me a call, or email me. I'm approachable. 🤝

Mr Shanti Rubens B.Com LLB

Lawyer, Legal Zebra
60 Days Guarantee

60 Day Money Back Guarantee

We expect you'll be happy with Legal Zebra's Deed of Substitution. It's easy to use (clear and concise, without any legal mumbo jumbo) and meets the change of trustee requirements for most Australian family trusts.

In the unlikely event this Template doesn't give you everything you need to effect a change of trustee in minutes, not hours, and save you spending hundreds of dollars on a lawyer, then contact us within 60 days of purchase. We'll give you a 100% of your money back. Try it! The risk is on us.

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Getting your house in order with a Substitution of Trustee? It's a good time to consider these other documents: