Given the 80-year maximum lifespan of trusts (outside South Australia), there is often a need to make amendments or changes to a trust to reflect new circumstances. This session considers the options available for updating trusts without risk of resettlement, and includes the following:

• Does the trust deed give the power to amend?
• Amending the power to amend – can this be done? What is required?
  • where the trust deed requires the appointor or settlor to consent to amendment, can they consent to remove their own power?
  • seeking amendment of trust deed by Supreme Court
• Is trust splitting still available in light of TD 2019/14?
  • other ways to enable intergenerational transfer without resettlement
• Where there is no power to amend - managing control of a trust through constitution of trustee company