Varying Trust Deeds (Paper)

Materials comprised of a Paper and PowerPoint Handout.

Presenters

Richard Broad Principal Owner, Richard Broad Legal

Synopsis

Trust structures set up decades ago often struggle to keep pace with today’s legal and practical realities. As beneficiary needs shift, tax and regulatory landscapes evolve, and asset types diversify, trustees can find themselves constrained by outdated or inflexible trust provisions.

This paper will explore why trust variations are carried out today, along with the legal and practical avenues available for varying trust terms, whether through express powers, general trustee powers, or court intervention. It will also examine common pitfalls, modern drafting practices, and how to futureproof trusts through thoughtful variation.

The paper will help you navigate the tools available to adapt trusts to meet contemporary demands.

These Materials will help you

Gain a better understanding of why you may need to vary
Gain insights into how to go about varying a trust deed
Get to grips with limitations on exercising the power to vary
Learn about some common variations
Benefit from some helpful drafting tips
Become better informed on issues involving varying trust deeds

Intended Audience

General practitioners and practitioners specialising in trust law.