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Amending trust deed
Hello there! We have an unregistered trust which owns a vehicle & things. Upon further education & studying the trust’s deed we find it contains terminology from the public realm, therefore making it not private. We have opened a trust account for it of which the bank copied the deed. So we now would like to have the deed amended so as to be fully private. Does anybody know if this is possible or do we need to open a new private trust altogether? Thanking you in advance for any input or assistance on this matter. Jane 😊
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3 Replies
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Hi Jane you can amend your Deed anyway you want to once you have paid for it and received it. The consequences of changing the wording will be on shoulders however, so maybe you should check with Mark to make sure it does not endanger your Trust before doing so. What wording do you believe puts it into the public realm, I have thoroughly read our Deed and have found nothing like that in there in fact it’s wording definitely keeps it in the private realm.
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Hi Morag, thanks for your rapid response! The term ‘person’ or ‘persons’ appears many times in the deed. Will definitely make an appointment to chat with Mark. Thanks again
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Here’s the definition of person from the fourth edition of Black’s Law Dictionary…
PERSON. A man considered according to the
rank he holds in society, with all the right to
which the place he holds entitles him, and the du-
ties which it imposes. People v. R. Co., 134 N.Y.
506, 31 N.E. 873.
The word in its natural and usual signification
includes women as well as men. Commonwealth
v. Welosky, 276 Mass. 398, 177 N.E. 656.
Term may include artificial beings, as corpora-
tions, 1 Bla.Com. 123; 4 Bingh. 669; People
v. Com’rs of Taxes,
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