WHEN GOOD INTENTIONS GO BAD: CONSIDERING THE AMENDMENT OF A TRUST DEED WITH GREAT CARE

Abstract

During the past decade, the use of the trust instrument forms an integral part of most estate planning structures. This paper addresses the following key question: what are the consequences if the amendment of a trust deed is declared invalid? This research incorporates current legal principles and reviews recent case law. Discussion emphasise that current parties to a trust need to be aware of the drafting, decisions and planning of any amendment of a trust deed. In conclusion the consequences based on recent decisions highlights the need to be aware of the rights of trust beneficiaries, whether the amendment of an inter vivos trust deed is possible without the consent of beneficiaries and provides clarity on issues regarding trust administration.