Broadly the position here is the same as where an SMSF deed has been lost (see previous FAQ entry). However preparing a deed of variation and ratification will generally be fundamentally more problematic for other types of trusts as it is almost certain there will be significant tax, stamp duty and trust law consequences.
There are also a number of different approaches that can be adopted in order to rectify the situation.
We recommend that the potential consequences and options are addressed and discussed with one of our specialist lawyers before considering what (if any) documentation should be prepared, and provide a proposed scope of work and guaranteed fixed pricing to assist, where requested.