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Trust Variations

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A Trust is easily a set and forget document, however things can change such as legislation, the operations of the Trust, beneficiary and trustee companies and the needs of a trust and its beneficiaries can change.

Trust Variations

What worked at the time a Trust was established may no longer be suitable or compliant now. At Wollerman Shacklock Lawyers, we provide strategic advice and practical assistance with varying trusts, ensuring any changes are effective, compliant, and aligned with your objectives.

What Is a Trust Variation?

A Trust Variation involves amending the terms of an existing trust. This is typically done through a formal Deed of Variation, which modifies the original trust deed while preserving the trust’s continuity.

Variations must be done carefully. If not done correctly, they can trigger unintended consequences such as tax liabilities or even the resettlement of the trust. Depending on the circumstances, the Trustee can also be held personally liable for any loss the Trust incurs.

When Might a Trust Need to Be Varied?

There are many reasons why a trust may need to be updated, including:

  • Changes in family or beneficiary circumstances;
  • Business expansion or restructuring;
  • Taxation considerations;
  • Updating outdated or inflexible provisions;
  • Adding or removing beneficiaries;
  • Clarifying trustee powers or decision-making processes;
  • Changes to legislation;
  • Death of an appointer, trustee or beneficiary; or
  • To add clauses for succession of the Trust in the event of the death of a party to the trust.

We help you assess whether a variation is appropriate or required or whether an alternative approach may be more suitable.

Key Considerations

Varying a trust is not simply an administrative exercise. It requires careful legal consideration to ensure:

  • The proposed changes are permitted under the existing trust deed;
  • The variation does not give rise to a new trust (resettlement);
  • Tax implications are properly considered;
  • The interests of beneficiaries are appropriately managed;
  • The variation complies with relevant laws and duties of the trustee.

Our Approach

We take a thorough and tailored approach to trust variations. This includes:

  • Reviewing the existing trust deed and structure;
  • Identifying risks and limitations;
  • Advising on the most effective way to achieve your objectives;
  • Working closely with your accountant or adviser on tax implications.

Our Services

We assist with all aspects of trust variations, including:

  • Drafting deeds of variation;
  • Advising on changes to beneficiaries, appointors, and trustees;
  • Updating trustee powers and administrative provisions;
  • Assisting with changes to trust structure or operation;
  • Coordinating with financial and tax advisers.

Avoiding Unintended Consequences

Operating a Trust in a way that is not compliant with the Trust terms or undertaking incorrect or incomplete variations can have significant consequences, including adverse tax outcomes or disputes among beneficiaries. Our role is to ensure any changes are carefully structured and clearly documented, protecting both the beneficiaries and trustee of the trust.

Regular Trust Deed Reviews Are Crucial

Ensuring you have your Trust Deed reviewed regularly is crucial to protecting both the Trustee and the Beneficiaries. Regular reviews ensure your Trust remains compliant with legislation including changes to taxation law, ensures the Trust is not at risk of penalties for non-compliance, ensures the Trust can continue in the event of a Trustee, Appointer or Beneficiary passing and provides opportunity for variation to be made before it is too late.

If you haven’t had your Trust Deed reviewed lately, now is a good time to do it! Contact us today for your Trust review.

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I cannot recommend this law firm highly enough. From my very first consultation, the team demonstrated exceptional professionalism, expertise, and genuine care for my situation. They took the time to explain every step of the legal process in clear and understandable terms, ensuring I felt informed and confident throughout.

What truly sets this firm apart is their dedication to achieving the best possible outcome for their clients. Their attention to detail, responsiveness, and commitment to excellence were evident in every interaction. Emails and phone calls were returned promptly, and I always felt that my matter was being handled with the utmost priority and care.

If you are looking for a law firm that combines outstanding legal expertise with exceptional client service, I would not hesitate to recommend them. They are truly a credit to the legal profession.

Lynne Wishart star-rating
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We had our wills, power of attorney and medical treatment decision makers documents finalised. The services were informative, friendly and clear from our first phone call to make the appointment, through to completion. The cost was reasonable for all three (x2 because there is two of us). I highly recommend Wollerman Shacklock Lawyers.

Tracy Campbell star-rating
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I have been using the team at Wollerman Shacklock for the last 12 months and cannot recommend them highly enough. Trish and her team have been a pleasure to deal with and made the whole experience as trouble free as I had hoped for from day one. They are exceptional at what they do and how they do it, if you are needing legal help you won’t be disappointed

David Sheahan star-rating
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We went to Wollerman Shacklock for conveyancing for our first home purchase. Trish and the team were exceptionally helpful throughout the process and very thorough. She ensured that we understood all areas, and thanks to her we had a good result. Great service.

Ben Tyler star-rating
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We started to using service from Wollerman Shacklock in 2018. They helping us trough different contracts and house buying and sale. We couldn't be happy vith knowledge and customer service. Very high standards from get the best results for they customer.
If you looking the best property lawyers not hesitate to contact them.
We are very happy with Wollerman Shacklock.

Attila Simon star-rating
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Patricia and the team have provided my family and business with first class professional advice and would highly recommend their services. Knowledge with a personal touch is very much appreciated.

Scott Kimm star-rating
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What a wonderfully efficient and friendly team they are at Wollerman.
Buying my first propert was daunting, but made easefull and secure knowing they were overseeing the process.
I mainly dealt with Eileen and Trish and they were delightful and professional to engage with.
Highly recommended.

Ciao Giam star-rating
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Where do I start!! What fantastic service from Trish, Jess and the team in organising and finalising my parents estate. At what is such a difficult time, they could not have been more helpful and professional but without the exorbitant fees that other Solicitors had quoted. Would definitely use them again. Thanks

Kelly Tuite star-rating
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Highly recommend Trish and staff at WS. Trish was extremely helpful and courteous, listened and understood my requirement, explored the possible scenarios to achieve the result I was after to my total satisfaction. Look no further than Wollerman Shacklock!!!

Laurie Ivaldi star-rating
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I needed to get a letter written by a solicitor in relation to my deceased husband’s final pay from his employer. Beth at Wollerman Shacklock lawyer was fantastic. Beth understands what I was asking for and began working on it that day. After I provided a certified copy of my husband’s death certificate it only took 1 day and the letter was ready. Very happy with this service, speed, compassion and professionalism. Highly recommended.

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We needed a solicitor urgently at 4pm on a Friday afternoon. We rang every other firm in Berwick but no one else was willing to squeeze us in at short notice. Thank you so much!! Will definitely be coming back here in the future for our legal needs.

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Very professional and helpful. Staff addressed all of our issues and addressed all our requirements, great outcome and very satisfied.

Would recommend them to anyone looking for solid legal services.

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I had to urgently get papers signed I front of a lawyer. From the telephone call to presenting to the office. The lawyers were very accomodating, they witnessed me sign the papers and did not charge me. I appreciate their kindness and assistance.

Ronald Gill star-rating
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I had a really positive experience dealing with Wollerman Shacklock Lawyers when they handled my late mother's estate.

They were really responsive and handled my matters professionally and promptly.

André Wilson star-rating
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Kayla @ WS was a pleasure to deal with, very professional, knowledgeable, helpful and proactive in facilitating our settlement. We could not have asked for better and friendly service, and recommend Wolleman Shacklock to everyone, you wont be dissapointed!

Ana Kombol star-rating
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The team at Wollerman & Shacklock Lawyers have been a tremendous help when it came to revising our Wills. They were incredibly competent, professional, and dedicated to offering top-notch service.

If you require help with estate planning, we highly advise contacting Wollerman & Shacklock Lawyers.

Kaye Tsui Po star-rating
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Absolutely fantastic service! The team made the whole conveyancing process smooth, stress-free, and fast. They were professional, friendly, and always kept me updated.

I couldn’t have asked for a better experience!

Reuben Becsi star-rating
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Have been using Wollerman Shacklock Lawyers in relation to my mother's will and estate. They have been super helpful and have made navigating through the processes very easy during this difficult time.

Anyone I have had contact with have been courteous and professional at all times.

Thank You.

Dennis Hackling star-rating
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Patricia, Rose & Oriana are very friendly & professional.

I was tardy in getting my wills finalised & they were patient & helped me get it all sorted.

Thank you!

Rachelle Stankic star-rating
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Have always found Wollerman Shacklock Solicitors & staff, very professional, helpful & nothing is too much trouble, in our dealings with them for over 30yrs.

Highly recommend:)

Anne Zupecki star-rating
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We are so pleased to have our wills done with Wollerman. We find them warm, friendly and very, very professional.

We gladly recommend them to anyone needing their services.

Barbie Schiefler star-rating
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Our family has been very happy with Wollerman Shacklock for over 30 years.

From property related matters and recently the settlement of an estate.

Highly recommended.

Helen Jackson star-rating
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The team at Wollerman Shacklock Lawyers were fantastic to deal with. Always prompt, professional, helpful and friendly. Trish Sheedy was absolutely brilliant and expertly guided us to thoroughly dissect, understand and deal with a frustrating and difficult issue. Her insight, understanding and explanations were clear, concise and helpful and her attention to detail exceptional. We highly recommend Trish & her team for all things legal, especially within the commercial/industrial property law.

Jo Fiscalini star-rating
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We have used Wollerman Shacklock for all our legal needs for more than 20 years, most recently for negotiating probate and estate settlement. Everyone is always friendly and professional and the team display a high degree of knowledge and compassion. I highly recommend their services.

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