Hi there. We have assumed that you and your daughter are beneficiaries under the family trust. This means you are entitled to receive benefits (usually money or property) under the trust, which is managed by a person known as a ‘trustee’.

The method for removing a beneficiary from a trust depends entirely on the wording of the trust deed. A trust deed is the document that establishes the trust, specifies the trust property, and outlines the trustee’s obligations and beneficiaries’ rights. It will also usually set out the procedure to be followed to remove a beneficiary.

The trust deed will ordinarily provide for one of two methods for removing a beneficiary: (a) the exiting beneficiary signs a document renouncing his or her interest as a beneficiary; or (b) the trustee makes a declaration (if he or she has the power to do so under the trust deed) that the beneficiary is no longer a beneficiary.

Suggested way forward

You should review the terms of the trust deed to understand how you and your daughter can be removed as beneficiaries from the family trust. You would benefit from speaking to a lawyer who can review the trust deed and advise you of the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.