PERSONAL

Trusts

Protecting your wealth now and in the future.

The Trusts Act 2019 (the Act) took effect on 30 January 2021, bringing with it amendments to the law governing trusts for the first time in more than 70 years and applies to existing trusts as well as those yet to be drafted. If you are a trustee, a beneficiary of a trust or contemplating setting up a trust, McVeagh Fleming can help.

Traditionally trusts are designed to protect property and manage assets. They require close management by trustees, who have increased obligations under the new Act – including keeping good records. McVeagh Fleming’s trust services can help you with:

  • Protecting assets for family benefit
  • Transferring wealth to the next generation
  • Retention of assets, like a family business, when one or more members becomes ill or cannot work
  • Protection from relationship property claims or contested wills
  • Looking after the assets of somebody who is no longer able to act on their own behalf
  • Changing tax liabilities
  • Estate administration through the transfer of assets to a trust before death.


Family Trusts Administration

  • Family Trusts Administration
  • Formation and administration of family trusts
  • Business trusts
  • Charitable trusts
  • Special purpose trusts
  • Gifting
  • Estate and retirement planning
  • Wills
  • Asset management.

Recent Insights

August 2023

Mediating Trust Disputes

Countless families across New Zealand place their most valuable assets, such as their property, into a discretionary family trust. However, when a couple separate and each party is a trustee to the same family trust, conflict and disagreement will often arise as to the management and enjoyment of trust assets. Disagreements on internal trust matters have the possibility of turning into time-consuming, expensive and public proceedings in court. Mediation is an alternative solution for settling trust disputes and may be a more advantageous option for parties.
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December 2022

Disclosure Obligations of Trustees to Beneficiaries Under the Trusts Act 2019

The Trusts Act 2019 ("the Act") outlines the obligations of trustees in managing family trusts. Information disclosure requirements to beneficiaries are significantly more demanding than previously applied.
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April 2020

A time to reflect on estate/trust matters

The current 'lockdown' is unprecedented. In times like these your first priority is to ensure you take care of yourselves, friends and family. However, while it is important to protect those close to you, you should also give consideration to the protection of your assets. Accordingly, it may be an opportune time to review your current estate planning to ensure everything is 'as you would like' and, if you have a trust, to make sure that it aligns with the provisions of the Trusts Act 2019 ("the Act") which was enacted this year but comes into force at the beginning of 2021.
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