Deed · Trusts & Estate Planning
Deed of appointment of new trustee and retirement of existing trustee (discretionary or unit trust)
A deed by which the person holding the power of appointment appoints a new trustee in place of a retiring trustee, with the retiring trustee's release and handover, the new trustee's acceptance, and a post-execution checklist for vesting assets, duty and notifications.
- Kind
- Deed. A deed that must be executed as a deed.
- Where it applies
- New South Wales, Australia
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 18 October 2026
- Status
- Maintained. Checked on 18 October 2026 against the 4 authorities it cites, for New South Wales and Australia.
- Version
- 1
- Source
- Written for this library
When to use it
Use when a trustee of a family discretionary trust or unit trust is replaced, for example moving from individual trustees to a corporate trustee, or when a trustee dies, resigns or is removed. Read the trust deed first: it usually says who may appoint, how, and whether any consent is needed. NSW statutory powers apply only so far as the deed does not displace them.
Used for these tasks
- Complete the transfers, duty and notifications after a change of trustee
- Map control: appointor, guardian, trustee and default beneficiaries
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may extract the appointment clause, the current trustee, appointor and asset list from the deed and records and fill the deed and checklist; a lawyer confirms who holds the power, that it is exercised in the way the deed requires, and the duty and transfer steps.
AI may
- Extract the appointment and removal clauses, the appointor, guardian and any consent requirements from the trust deed and all variations
- Fill the deed's parties, trust name, date and schedule of trust assets from the records supplied
- Build the post-execution checklist of transfers, registrations and notifications for each asset
AI must not
- Must not decide who holds the power of appointment where the deed, a variation or a death has made it unclear
- Must not assume the statutory power applies where the deed provides its own procedure
- Must not decide the duty or tax consequences of the change
The lawyer checks
- The person exercising the power holds it under the deed as varied, and any consent or notice the deed requires is given
- The new trustee is eligible (for example not excluded by the deed, and for a company, its constitution and directors are suitable) and has consented
- Each asset is transferred or the vesting is registered, including land under the Real Property Act and shares, bank accounts and registrations
- Duty, ABN and TFN details and the trust's bank and investment accounts updated, and any family trust election or interposed entity election considered
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
More in Trusts & Estate Planning
- Discretionary (family) trust deed
- Deed of change of appointor (and guardian) of a discretionary trust
- Trustee distribution resolution with section 100A risk notes
- Letter from a beneficiary requesting trust documents and information from the trustee
- Family trust election, revocation or variation (ATO approved form): completion guide
- Deed of variation of trust deed (with resettlement analysis worksheet)
- Trustee resolution and checklist on the vesting of a discretionary trust
- Testamentary discretionary trust clauses for a will
- Checklist: AI-assisted review of existing trust deeds and variations
All precedents for Trusts & Estate Planning · Tasks and AI use in this area