---
title: "Deed of variation of trust deed (with resettlement analysis worksheet)"
url: "https://ailawframework.com/precedents/trusts-and-estate-planning/deed-of-variation-trust"
type: "precedent"
site: "AI Law Framework"
id: "a19-deed-of-variation-trust"
area_id: "A19"
kind: "deed"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# Deed of variation of trust deed (with resettlement analysis worksheet)

> Original deed to vary a discretionary trust deed under its amendment power, with recitals proving the power and consents, protective confirmations, and a worksheet for the lawyer's resettlement, CGT and duty analysis.

Canonical page: https://ailawframework.com/precedents/trusts-and-estate-planning/deed-of-variation-trust  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Deed. A deed that must be executed as a deed.
- Practice area: [Trusts & Estate Planning](https://ailawframework.com/precedents/trusts-and-estate-planning.md)
- Jurisdictions: Australia, New South Wales
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 6 authorities it cites, for Australia and New South Wales.

## When to use it

Use to make a variation the existing deed's amendment power clearly allows, such as updating appointor succession or adding a foreign-person exclusion. Do not use where the power does not extend to the change, where the change alters vested interests, or where a court variation is needed.

## How AI may be used

AI may compare the proposed wording with the amendment power and list conditions and consents, under the lawyer's direction. Whether the variation is within power, or causes a resettlement or a duty or CGT event, is a professional judgment.

**AI may:**

- Tabulate the original deed and each variation in date order with the amendment power clause quoted
- Compare the proposed variation wording against each limit in the amendment power and list possible conflicts
- Prepare the execution checklist and consents list from the deed's requirements

**AI must not:**

- Must not conclude that the variation is within power or does not cause a resettlement
- Must not redraft the beneficiary class, vesting day or income clause without the lawyer's instructions
- Must not be relied on to read a deed from an incomplete or unsigned copy

**The lawyer checks:**

- The full chain of signed deeds has been sighted and each earlier variation was valid
- Every consent the power requires has been obtained in the required form
- The resettlement, CGT and duty analysis in the worksheet is complete and signed off
- Any family trust election, foreign-person and land tax consequences have been checked

## Authorities

- [Commissioner of Taxation v Clark 2011 FCAFC 5](https://www.ato.gov.au/law/view/document?docid=LIT/ICD/QUD1of2010/00001)
- [Taxation Determination TD 2012/21 (CGT events E1 and E2 on changes to trust terms)](https://www.ato.gov.au/law/view/document?docid=TXD/TD201221/NAT/ATO/00001)
- [Income Tax Assessment Act 1936 (Cth) Sch 2F s 272-80](https://www.legislation.gov.au/C1936A00027/latest/text)
- [Perpetuities Act 1984 (NSW) s 7](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1984-043)
- [Duties Act 1997 (NSW) s 104JA](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1997-123)
- [Land Tax Act 1956 (NSW) s 5D](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1956-027)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/trusts-and-estate-planning/deed-of-variation-trust and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*