On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Variation of a trust

ADIS Code - TV

The terms and conditions in a trust may be varied.

It must be stated on the IPF that the variation of trust does not affect Old System land and/or does not affect a Principal Deed.

For a change of trustees, refer to the appropriate Trust page.

The original trust deed is not required.

Lodgment requirements

Stamp duty - Required.  Adhesive stamps are only acceptable on a superannuation trust deed signed before 1.7.2001.  If not marked Registration insisted upon is prohibited.

Not required for a superannuation trust deed signed on or after 1.7.2001.

Registration copy - Required. If unacceptable Registration insisted upon is prohibited.

Statement of Title Particulars form - Required if Old System land is affected.

NOS form - Not required.

Index Particulars form (completion)

(A) Lodging Party - Must be completed.

(B) Instrument - Trust - Variation of

(C) Locality - The situation of the Old System land if affected.

Link Conveyance - For the Old System land if affected.

Principal Deed The deed of trust or the first document affecting the trust if registered.

(D) Indexing 

If Old System land is not affected:  the trust, the party creating the trust or the settlor and the first unit holders.

If Old System land is affected:  the trust, the party creating the trust or the settlor, the first unit holders and the trustees.

(E) Certification - Required.

Document requirements

Date:  must be dated with the date of execution.  If not dated advise the lodging party.  If a date is not furnished, indicate Registration insisted upon and include the reason.

Name:  the full names (initials are acceptable) of:

  • the trust or the deceased where the trust was created by a will
  • the party creating the trust or the settlor
  • the first unit holders 
  • the appointer and
  • the trustee 

are required.  Advise the lodging party of any discrepancies in names.

Locality:  required if Old System land is affected.  The situation of the Old System land.

Operative clause:  "... hereby varies ...".

Link Conveyance:  required if Old System land is affected.  The last registered conveyance or acknowledgment that evidences ownership prior to Book 4000.  Whole or part must be established.

Execution:  by the person authorised to vary the trust.  The trustees etc may sign if consent is required.  A power of attorney cannot be used for execution by a trustee.

Attestation:  required. Must be witnessed by a person of 18 years of age or older who is not a party to the document.

IPF:  must be completed.

Staff processing information

CA  Required if Old System land is affected.

Indexing

Locality:  required if Old System land is affected.  The situation of the land.

Link Conveyance:  required if Old System land is affected. The last conveyance or acknowledgment prior to Book 4000.  Indicate whole "W" or part "P".

Principal Deed:  if registered, the affected trust deed or the first registered document affecting the trust.

Noting:  If Old System land is affected and:

  • an interest, state: "interest in" (or Noting Code: "I")
  • a share, state: "[fraction] share"
  • part of the land, state: "[affected land description]"
  • the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").

V:

If Old System land is not affected:

  • the trust or the deceased where the trust was created by a will
  • the party creating the trust or the settlor and
  • the first unit holders and

If Old System land is affected:

  • the trust or the deceased where the trust was created by a will
  • the party creating the trust or the settlor
  • the first unit holders and
  • the trustees.

P: