Resettling a trust means making such major changes to its terms, beneficiaries, or structure that it’s legally treated as a new trust.
It effectively ends the original trust and establishes a new one, which can have serious legal and tax implications for trustees and beneficiaries.
This article covers:
- What does resettlement of a trust mean?
- What causes a trust to resettle?
- What are the consequences of trust resettlement?
- How fast can a trust be resettled?
Key Takeaways:
- Resettling a trust occurs when significant changes make the original trust legally restart.
- Trustees must exercise caution, as resettlement can trigger capital gains or inheritance taxes.
- Removing or adding beneficiaries is a common cause of trust resettlement.
- Legal and tax advice are essential before making any major trust changes or transfers.
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The information in this article is for general guidance only. It does not constitute financial, legal, or tax advice, and is not a recommendation or solicitation to invest. Some facts may have changed since the time of writing.
What Is Resettling a Trust?
Resettling a trust generally occurs when the trust is altered to the point where it no longer reflects the original terms or purpose. This might involve changing the beneficiaries, trustees, governing law, or even how assets are held.
When such changes are deemed too extensive, the trust is considered “resettled,” effectively restarting its legal and tax life.
This process differs from routine administrative updates or variations. Simple amendments such as replacing a trustee or clarifying a clause typically do not trigger resettlement.
However, transferring assets into a new structure or fundamentally changing the terms can.
For example, if a UK trust’s assets are moved offshore for tax reasons, or if a discretionary trust’s entire distribution framework is redefined, tax authorities may view this as a resettlement event.
What Causes Resettlement of a Trust?
A trust becomes resettled when alterations to its structure, terms, or beneficiaries are significant enough to create a new trust in law.
This can happen through deliberate restructuring or inadvertently when trustees make major changes without realizing the legal effect.
Common causes include:
- Significant change in beneficiaries – Adding or removing beneficiaries beyond minor adjustments.
- Alteration of trust terms or powers – Modifying the core purpose, duration, or governing law.
- Transferring trust assets to a new entity – For example, when assets are moved into a new jurisdiction.
- Changing the nature of the trust property – Replacing or restructuring assets in a way that changes beneficial ownership.
Resettlement can be intentional—such as modernizing an outdated trust—or accidental, occurring when trustees make extensive amendments without realizing they reset the trust’s legal and tax status.
Understanding what causes resettlement of a trust is crucial, particularly for cross-border trusts where tax implications differ across jurisdictions.
How Long Does It Take to Resettle a Trust?
Most trust resettlements take between several weeks and six months, though international or high-value cases can extend beyond that time frame.
The duration largely depends on the complexity of the structure, the jurisdictions involved, and the extent of changes made.
A straightforward resettlement such as updating a family trust within one legal system may be completed in a few weeks to a few months.
However, for cross-border or high-value trusts, the process can take six months or longer, particularly if multiple advisors, asset transfers, or regulatory approvals are required.
The timeline also depends on whether the process involves re-registering titles, notifying tax authorities, or obtaining legal opinions.
Legal and tax reviews often lengthen the process, as trustees must ensure compliance and prevent unintended tax consequences.
Can You Remove Beneficiaries from a Trust When Resettling?
Yes, you can remove beneficiaries from a trust when resettling, but doing so often contributes to the resettlement itself.
Removing or adding beneficiaries alters the beneficial interests within the trust—one of the key factors courts consider when determining if resettlement has occurred.
Trustees must proceed cautiously. Beneficiaries have established equitable rights under the original trust, and removing them without proper legal authority can expose trustees to litigation or breach of trust claims.
Any modification should be supported by the trust deed or approved by a court or through a statutory variation process.
Who Has the Power to Remove a Beneficiary?
Authority to remove a beneficiary is set out in the trust deed and governed by local trust law.
In discretionary trusts, the settlor may reserve certain powers, or the trustee may have authority to add or remove beneficiaries if expressly stated in the deed.
In other cases, only a court order can authorize such changes.
Professional trustees and legal advisers play a key role here.
Exercising the power to remove a beneficiary without clear authority can lead to disputes and potential resettlement consequences.
Where uncertainty exists, trustees often seek legal confirmation to ensure that any change remains within the bounds of the original trust framework.
What Are the Disadvantages of a Trust Resettlement?
The main disadvantages of resettling a trust are the potential tax consequences, loss of original benefits, and increased administrative burdens.
If not managed carefully, these risks can significantly affect both trustees and beneficiaries.
Common drawbacks include:
- Tax consequences – Resettlement can trigger capital gains, inheritance, or transfer taxes, especially in jurisdictions like the UK or Australia.
- Loss of original benefits – The trust’s prior tax exemptions or grandfathered advantages may be forfeited.
- Administrative costs – Legal, trustee, and valuation fees can be substantial.
- Risk of disputes – Beneficiaries may challenge the resettlement if they believe their rights were affected.
- Complex compliance – Cross-border trusts face additional reporting and disclosure obligations post-resettlement.
For expats, the most notable risk is double taxation, where both the originating and receiving jurisdictions treat the resettled trust as a new taxable entity.
Conclusion
Resettling a trust can be a powerful way to modernize wealth structures and ensure that they align with evolving family goals, tax laws, and international considerations.
However, it is also a complex legal process with significant implications if mishandled.
For expats and high-net-worth individuals, professional advice is essential to ensure that resettlement enhances rather than undermines the benefits of long-term trust planning.
FAQs
What Happens When You Decant a Trust?
When you decant a trust, the trustee transfers assets from one trust into another with improved or updated terms.
Unlike resettlement, decanting is often designed to modernize a trust without triggering tax or legal consequences.
However, excessive changes during decanting can still lead to resettlement if the new trust differs too much from the original.
Can You Remove Beneficiaries from a Discretionary Trust?
You can remove beneficiaries from a discretionary trust if the deed explicitly grants that power to the trustee or settlor.
However, doing so must align with the trust’s terms and local laws.
Otherwise, the act could be viewed as a fundamental change that leads to a resettlement event.
How to Restructure a Trust?
To restructure a trust, trustees usually follow these steps:
–Review the trust deed for variation or resettlement powers.
-Obtain professional legal and tax advice.
-Draft and execute a deed of variation or resettlement.
-Update asset registrations and inform relevant tax authorities.
Restructuring can involve decanting, changing jurisdictions, or updating terms to meet modern family or regulatory needs.
The goal is to achieve flexibility while avoiding unnecessary resettlement.
What Is the Difference Between Amending and Restating a Trust?
Amending a trust modifies specific clauses within the original deed, keeping the original trust intact.
Restating a trust replaces the entire document but maintains the same legal entity, avoiding resettlement.
In contrast, resettling a trust effectively creates a new trust altogether.
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