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If the class of beneficiaries does not extend to that person, you can add a beneficiary by preparing a deed of variation. However, the original trust deed may prohibit certain persons from becoming beneficiaries. In this case, you may not be able to amend the trust deed to add them.
Can a Trustee Change the Beneficiary? Trustees generally do not have the power to change the beneficiary of a trust. The right to add and remove beneficiaries is a power reserved for the grantor of the trust; when the grantor dies, their trust will usually become irrevocable.
Typically, the beneficiaries in a discretionary trust can be changed by preparing a Deed of Amendment. However, many older discretionary trust deeds fail to make it clear whether a specific person can be removed and/or appointed as a beneficiary.
If the Trustee can persuade creditors in your favour, and provide sufficient evidence that you are able to meet the monthly repayments, a second trust deed will operate in the same way as the first.
This Deed of Trust (the ?Trust Deed?) sets out the terms and conditions upon which: [Settlor Name] (the ?Settlor?), of [Settlor Address], settles that property set out in Schedule A (the ?Property?) upon [Trustee Name] (the ?Trustee?), being a Company duly registered under the laws of [state] with registered number [ ...