Trust Newsletter #8 – Deed Of Addendum

Hi Folks

Mark Pytellek here again, of Private Trust Makers (PTM), the makers of your Trust.

Wow, April 2025 is almost over! How time flies…

Here’s the next chapter on how you can engage your Trust to favor your financial future.

To all our valued Trust clients, including the most recent new ones, welcome to our monthly free educational circular as part of our program to educate and upskill our Trust clients so they learn to competently use their Trust without having to run to and rely on lawyers or accountants, thus saving you time and money. The earlier Trust Newsletters are available, free, on our website www.solutionsempowerment.org within the “Non Registered Trust” section under the tab “Resources”

Today’s subject matter topic is “Deed Of Addendum”, a separate and subsequent written document to a Trust Deed. 

Notice 1 the information delivered below is not legal ad-vice.

Notice 2 I am not a practicing lawyer nor a Certified Accountant.

Notice 3 the information delivered below is strictly private and confidential, delivered for your personal benefit

Deed Of Addendum

The Deed Of Addendum’s purpose is to express and record changes or amendments, usually in the party/ies to the Trust Deed but also on occasions, to add unique or special specific clauses to a Trust Deed and it is a legally binding document.

A completed Deed of Addendum is drafted for each copy of a Trust Deed by the Settlor and it is to be kept/filed/stored with the original Trust Deeds.        

Permitted Amendments

More specifically the permitted changes to the Trust Deed include, but are not limited by;

1. Adding or removal of a Trustee/s by the Principal/s
2. Upon the untimely or unexpected death of the Trustee, a new Trustee is appointed when form 18b¹ (an accompanying document to the Trust Deeds) has been actioned.
3. Adding or removal of a Primary, Secondary, Tertiary or Default Beneficiary/ies
4. Adding or removal of a Principal/s
5. Resignation of a Trustee
6. Resignation of a Principal
7. Additional unique or special specific clauses to a Trust Deed

Amendments Not Permitted 

1. Amending the Trust Name
2. Amending the Settlement Date
3. Removal of Trustee/s and Beneficiary/ies if the party/ies to be removed are also a Principal/s.

¹18b “Notice of Appointment of a Trustee [upon the Death of Trustee]” document which was emailed with the support documents. Should be in place prior to the death of the Trustee otherwise a Default Beneficiary assumes the Trustee office.

Changes to the Trust Relationship Structure occurs naturally by reason of changing circumstances that occur over time.

These changes may include, but are not limited by:

1. Death of a party (Principal, Trustee or Beneficiary)
2. Birth of a party (Beneficiary)
3. Marriage of a party/ies
4. Divorce of a party/ies
5. Estrangement of a party
6. Other circumstances, inconveniences, refusals, resignations, frictions, tensions and disputes that could fracture the Trust relationship and agreement

If you feel your relationship, family or other circumstances change and may materially affect your Trust, please contact us to discuss the matter to identify whether changes to your Trust Deed are required or relevant in order to continue to protect your estate interests and Trust relationship integrity.  

We hope this information was useful and of benefit to you.

Look for the next Trust circular for further insights into practical and exciting applications of the use of your Trust.

Kind Regards

Mark Pytellek
Principal
Private Trust Makers 
in conjunction with
Solutions Empowerment^®