Trusts
Trusts can be complicated legal structures, so it is important to get the right advice when thinking about setting up a trust.
Recent changes to trust law in New Zealand mean it is a good time to discuss your existing family or charitable trust with us. Our team are experienced in protecting assets, providing for loved ones, and planning for the future.
Being a trustee, beneficiary, or settlor can be complex and personal. We help you understand your trust structure, identify your role and obligations, meet compliance requirements, and keep your trust up to date.
If disputes arise, our team will guide you through resolution with clarity.
Comprehensive Trust Services
We assist with creating new family or charitable trusts and reviewing existing ones to ensure proper setup and operation. Our services include trust variations, restructures, asset resettlements, changes of trustees, beneficiary disclosures, debt forgiveness, gifting, and trust wind-ups. We also provide independent trusteeship when needed.
Keeping Your Trust Compliant & Current
The Trusts Act 2019 imposed new obligations on trustees, including increased disclosure duties to beneficiaries and improved accountability in administering the trust. Failure to comply could lead to legal problems for trustees and compromise the trust itself. We offer clear guidance to help trustees fulfil all compliance obligations and ensure any necessary changes are understood and executed with confidence.
Book a free Trusts Meeting
Whether you’re setting up a trust, reviewing an existing one or managing trust assets, our team offers clear, practical legal support. Your first meeting is free, and can be held in person or online.
Our Expertise
- Establishing Family and Charitable Trusts
- Trust reviews
- Advice to Trustees
- Change of Trustees
- Trust variations
- Trust compliance
- Trust disputes
- Beneficiary disclosures
- Resettlement of Trust Assets
- Trust Restructures
- Trust wind-ups
- Providing independent trustee services
- Forgiveness of debt and gifting
Frequently Asked Questions
What is the difference between a Family Trust and a Charitable Trust?
A Family Trust is typically established to protect and manage assets for the benefit of you, your family, or others you nominate as beneficiaries. A Charitable Trust, on the other hand, is set up to provide benefits to the wider community, whether through education, welfare, religion, or other charitable purposes.
Do I need to review my existing trust following recent changes to New Zealand trust law?
Yes, it is strongly advisable. Changes may affect how your trust operates and what is required of you as a trustee or settlor. Sharp Tudhope can review your existing trust, identify any gaps or compliance issues, and advise on any changes needed to keep it legally sound and fit for purpose.
What are the obligations of a trustee, and what happens if they are not met?
Trustees have a range of legal duties under the Trusts Act 2019, including acting in the best interests of beneficiaries, keeping trust property separate from personal assets, acting impartially, and meeting disclosure obligations. Failing to fulfil these duties can expose trustees to personal liability and potentially lead to trust disputes.
What should I do if a dispute arises in relation to a trust?
Trust disputes can be stressful and complex, particularly when they involve family members or long-standing arrangements. Our team has experience navigating trust disputes and can help you understand your rights and options.
How do I get started with Sharp Tudhope on a trust matter?
Sharp Tudhope offers a free first meeting, held either in person or online, for anyone looking to set up a trust, review an existing one, or get advice on managing trust assets.
