Does a change of trustee need to be done by a registered deed?
Starting with the decision of Justice Young of the New South Wales Supreme Court in Retravision (NSW) Limited –v- Copeland, there have been a number of cases dealing with the issue of whether a change of trustee must be done by a registered deed. The outcome of these decisions appears to be that if the deed or will simply gives a power to appoint a new trustee and nothing more then section 6 of the Trustee Act 1925 (NSW) requires that the deed be registered. However, if the deed or will not only creates the power to appoint a new trustee but also sets out the procedure then registration is not required unless that procedure includes registration. Generally speaking we believe that registration of all trustees is desirable, except in cases where extreme confidentiality is required. Registered deeds are public documents and can be accessed by the public on search. The number one benefit of registration is to prevent against loss. It is unfortunately quite common for clients to be unable
