Amending Trusts

Amending a Trust is risky business. To change the very nature of a Trust is in a sense to create a new Trust. This could trigger what is known as a resettlement of the Trust resulting in an enormous bill of stamp duty and artificially a capital gains tax bill as if the assets of the Trust had been sold to the market at market value even though they have not. Therefore, even where amending a Trust is necessary, careful thought from a taxation point of view and also from a Trust law point of view should be given as to whether or not amendment is possible. In all instances legal advice should be sought.