--- title: Do I Need To Update My Trust Deed? description: Do I Need To Update My Trust Deed? image: https://rubiix.com.au/hubfs/Imported_Blog_Media/qtq80-icfywE.jpg --- ** [![Rubiix Business Accountants Logo](https://rubiix.com.au/hs-fs/hubfs/Logo_Rubiix_BeigeGreen.png?width=150&height=56&name=Logo_Rubiix_BeigeGreen.png "Rubiix Business Accountants Logo")](https://rubiix.com.au) This is a search field with an auto-suggest feature attached. - There are no suggestions because the search field is empty. 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[![Contact Us](https://hubspot-no-cache-ap1-prod.s3.amazonaws.com/cta/default/47575312/b78cd907-2dd9-4500-9742-df3583eef4ed.png)](https://hubspot-cta-redirect-ap1-prod.s3.amazonaws.com/cta/redirect/47575312/b78cd907-2dd9-4500-9742-df3583eef4ed) # Do I Need To Update My Trust Deed? January 15, 2024 We strongly recommend that if you currently have a Trust, that your Deed be reviewed.  In July 2022, a Court (known as “Owies Case”) unwound a Trustee’s Family Trust distribution on the basis that 2 adult children weren’t properly considered.   As a result of this Court decision, you may need to update your Discretionary Trust Deed to remove certain beneficiaries to prevent them from applying to the Courts to force the Trustee to distribute trust income to them.      ## What happened in 'Owies Case'? In Owies Case, some of the potential beneficiaries of a Discretionary Trust (who were named in the Trust Deed as a primary/default beneficiary) challenged the distributions that a Trustee had made. The Court held that a Trustee needs to give “real and genuine” consideration to the personal circumstances of potential beneficiaries of a trust when making distributions.    The Court found that the decision of the corporate Trustee (controlled by the parents of the family) of a Discretionary Trust to not properly consider two of their children (who were estranged from them) when making annual income distributions from the trust was voidable.    ## What this means for you A named default Beneficiary in your Trust could decide to take Court action against the Trustee if they feel they haven’t been properly considered by the Trustee in relation to the annual distribution of profits from the Trust.    For example, assume an adult child has a drug or alcohol problem or are “estranged” from the family. They could decide to demand income from a Trust where they are included as a named Beneficiary – and the Courts may back them up after the decision in Owies Case.   To avoid any “disgruntled” beneficiaries from claiming they did not receive their fair share of Trust income, it is now important that Trustees consider the terms and purpose of each Trust as well as how it is administered to assess whether it can achieve the goals of the parties involved – especially the names beneficiaries to the Trust.   As a Director of a Corporate Trustee / Trustee, you will need to review the following:    An update of your Trust Deed to remove specific primary/default beneficiaries will mean that the removed beneficiaries will not be able to question or take action against the Trustee following Owies Case, and they will not be able to demand funds from your Trust.    [If this is an area of concern for you, please contact our team to discuss it further](https://rubiix.com.au/business-accounting-services). Our assistance will give you peace of mind that your Trust assets will be as secure and protected as is possible.   We will liaise with our recommended expert asset protection and Trust Lawyers to arrange for your Trust Deeds to be legally reviewed and updated.     This is a great opportunity for a “clean slate” update of everything in your Trust Deed and will include a review of:   - [Owies Case](https://rubiix.com.au/news/tag/owies-case) - [News](https://rubiix.com.au/news/tag/news) - [Trusts](https://rubiix.com.au/news/tag/trusts) - [Blog](https://rubiix.com.au/news/tag/blog) - [Trust Deed](https://rubiix.com.au/news/tag/trust-deed) #### Share - [** ](mailto:?subject=Check%20out%20https://rubiix.com.au/news/do-i-need-to-update-my-trust-deed&utm_medium=social&utm_source=email%20&body=Check%20out%20https://rubiix.com.au/news/do-i-need-to-update-my-trust-deed&utm_medium=social&utm_source=email) - [** ](http://www.facebook.com/share.php?u=https://rubiix.com.au/news/do-i-need-to-update-my-trust-deed&utm_medium=social&utm_source=facebook) - [** ](http://www.linkedin.com/shareArticle?mini=true&url=https://rubiix.com.au/news/do-i-need-to-update-my-trust-deed&utm_medium=social&utm_source=linkedin) ## Related Posts ### [The Importance of Updating Your Family/Discretionary Trust Deed](https://rubiix.com.au/news/the-importance-of-updating-your-family-discretionary-trust-deed) Oct 20, 2024 ### [Employment Law Changes: Understanding the New “Right to Disconnect” Rules and More](https://rubiix.com.au/news/employment-law-changes-understanding-the-new-right-to-disconnect-rules-and-more) Oct 24, 2024 ### [Action Needed for ATO Tax Debts](https://rubiix.com.au/news/action-needed-for-ato-tax-debts) Feb 02, 2024 ### [Driving Profit Growth: A Holistic Approach for Business Success](https://rubiix.com.au/news/profit-growth-strategies) Mar 01, 2024 ### [What Business Expenses Are (and Aren’t) Tax Deductible in Australia](https://rubiix.com.au/news/what-business-expenses-are-and-arent-tax-deductible-in-australia) Jun 30, 2025 [![Logo_Rubiix_BeigeGreen](https://rubiix.com.au/hs-fs/hubfs/Logo_Rubiix_BeigeGreen.png?width=205&height=77&name=Logo_Rubiix_BeigeGreen.png)](https://rubiix.com.au/) Rubiix Business Accountants Level 10/50 Queen Street Melbourne, Victoria Australia 3000 #### [About](https://rubiix.com.au/about) - [About Us](https://rubiix.com.au/about) - [Rubiix Care Factor](https://rubiix.com.au/care-factor) - [Meet the Team](https://rubiix.com.au/meet-the-team) - [Careers](https://rubiix.com.au/meet-the-team#careers-at-rubiix) - [Testimonials](https://rubiix.com.au/testimonials) - [FAQs](https://rubiix.com.au/faqs) - [Terms & Conditions](https://rubiix.com.au/terms-conditions) #### [Services](https://rubiix.com.au/our-services) - [Our Services](https://rubiix.com.au/our-services) - [Business Accounting Services](https://rubiix.com.au/business-accounting-services) - [Taxation Services](https://rubiix.com.au/taxation-services) - [Business Strategy & Coaching](https://rubiix.com.au/business-strategy-coaching) - [Self Managed Super Funds (SMSF)](https://rubiix.com.au/self-managed-super-funds) #### [Meet the Team](https://rubiix.com.au/meet-the-team) #### [News](https://rubiix.com.au/news) - [Blogs](https://rubiix.com.au/news/tag/blog) - [Videos & Presentations](https://rubiix.com.au/videos-and-presentations) #### [Testimonials](https://rubiix.com.au/testimonials) #### [Client Hub](https://rubiix.com.au/client-hub) #### Connect With Us [![linkedin_icon_white_100x100px](https://rubiix.com.au/hubfs/linkedin_icon_white_100x100px.svg)](https://www.linkedin.com/company/rubiix/)  [![Facebook-icon_white_100x100px](https://rubiix.com.au/hubfs/Facebook-icon_white_100x100px.svg)](https://www.facebook.com/RubiixCA/)  [![YouTube_icon_white_100x100px](https://rubiix.com.au/hubfs/YouTube_icon_white_100x100px.svg)](https://www.youtube.com/channel/UCEOuzaQxPCamE0EY8mZ90TQ)  [![tik-tok-white](https://rubiix.com.au/hs-fs/hubfs/tik-tok-white.png?width=32&height=32&name=tik-tok-white.png)](https://www.tiktok.com/@rubiixba) #### Contact Us Tel: [03 9603 0066](tel:0396030066) Fax: +61 3 9603 0077 [reception@rubiix.com.au](mailto:reception@rubiix.com.au) We acknowledge the Traditional Owners of the land on which we live and work, and we pay our respects to their Elders, past and present. 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