I completed the trust order form incorrectly, and since receiving the trust documents I have noticed that the spelling of one of the trustees'/beneficiaries'/appointors' names is incorrect. What can I do?
The incorrect spelling of a party's name on the trust documentation will not necessarily make the trust arrangement invalid, provided the parties can still be identified. However, we understand that some clients may not like the look of their names being spelled incorrectly.
Theoretically, the parties to the deed can write the relevant corrections directly on to the deed, and sign or initial to indicate that they all agree to these changes. However, some institutions (e.g. banks) may have an issue with this.
Alternatively, we can rectify the spelling and update the deeds for you, if you provide us with instructions with the correct details (on the understanding that, by re-printing the deeds, the printed version of the deed represents the trust deed as the parties understood it to be).
However, if the trust has already commenced (i.e., the deeds are executed and stamped (if appropriate), and the trust has started interacting with the outside world), then we would need to prepare a deed of variation to the existing deed ($350) to confirm or rectify the spelling. Please contact us if this is the a case.