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Deed Of Family Variation
"I need a Deed of Family Variation to modify our family trust deed from 2020, removing two beneficiaries and adding three new grandchildren born since then, with the changes to take effect from March 1, 2025."
1. Parties: Identifies all family members and other parties involved in the variation, including their full legal names and addresses
2. Background: Sets out the context of the original arrangement being varied, family relationships, and reasons for the variation
3. Definitions and Interpretation: Defines key terms used in the deed and establishes interpretation principles
4. Original Arrangement: Details of the existing arrangement or document being varied
5. Variations: Specific changes being made to the original arrangement, clearly stated with before and after positions
6. Effective Date: Specifies when the variations take effect
7. Acknowledgments: Statements by all parties acknowledging understanding of the effects of the variation
8. Independent Legal Advice: Confirmation that parties have received or had the opportunity to receive independent legal advice
9. Execution: Formal execution clause meeting requirements for deeds under NZ law
1. Tax Acknowledgments: Include when the variation has potential tax implications that parties need to acknowledge
2. Relationship Property Acknowledgments: Include when the variation affects property that could be subject to the Property (Relationships) Act
3. Further Assurance: Include when parties may need to take additional actions to give effect to the variation
4. Costs: Include when there's a need to specify how costs of the variation are to be borne
5. Dispute Resolution: Include when specific dispute resolution processes are desired
6. Severability: Include when there's risk that some provisions might be found invalid
7. Confidentiality: Include when privacy of family arrangements is particularly important
1. Schedule 1 - Original Document: Copy or extract of the original document or arrangement being varied
2. Schedule 2 - Assets Schedule: Detailed description of any assets affected by the variation
3. Schedule 3 - Certificate of Independent Legal Advice: Certificates from lawyers confirming independent advice given to parties
4. Appendix A - Family Tree: Visual representation of family relationships when complex family structures are involved
5. Appendix B - Consent Forms: Any required consent forms from affected parties not directly executing the deed
Authors
Variation
Acknowledgment
Independent Legal Advice
Consent
Execution
Further Assurance
Consideration
Binding Effect
Severability
Confidentiality
Notices
Governing Law
Dispute Resolution
Costs
Tax Implications
Relationship Property
Family Protection
Asset Transfer
Trust Provisions
Amendment
Waiver
Entire Agreement
Counterparts
Legal Services
Financial Services
Estate Planning
Wealth Management
Private Banking
Trust Administration
Property Management
Family Office Services
Legal
Trust Administration
Wealth Management
Private Client Services
Estate Planning
Family Law
Property Services
Compliance
Document Management
Client Relations
Trust Lawyer
Estate Planning Attorney
Family Law Specialist
Private Client Lawyer
Trust Manager
Wealth Manager
Financial Advisor
Property Lawyer
Legal Executive
Trust Administrator
Family Office Manager
Estate Administrator
Probate Specialist
Relationship Manager
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