Trust management

Managing your family trust with confidence
Trusts remain an important way of protecting assets and looking after the interests of your loved ones. But under the Trusts Act 2019, trustees face strict obligations, and without proper management, trusts can easily come under scrutiny.

New Zealand is already seeing an increase in trust-related disputes. If a trust is not actively managed, it may risk being labelled a “sham trust,” or worse, leave trustees personally liable for breaching their duties. That’s why good governance is just as important as setting up the trust itself.

Our Trust Management Programme

To ensure your trust is compliant, protected, and working as it should, we encourage you to join our Trust Management Programme. This programme provides ongoing professional oversight so that your trust is always in order, year after year.

By joining, you’ll have the confidence of knowing that we will:

  • Ensure compliance with AML rules and other legal obligations.
  • Host an Annual General Meeting of trustees (or prepare an Annual Resolution if preferred), keeping your trust records up to date.
  • Liaise with your accountant to confirm gifting, review and sign financial statements, and provide legal input where needed.
  • Provide documentation to banks, mortgage brokers, or other parties as required.
  • Offer the ongoing support of a professional trustee company, if needed.
Please note: this programme covers trust management and maintenance, not transactional services.

Unless the above matters are carried out on an annual basis, we believe there is a real and material risk of a future allegation of Trust mismanagement or similar.

Why it matters

Without regular reviews and record-keeping, there is a very real risk of future claims of mismanagement. Our Trust Management Programme is designed to minimise that risk, giving you peace of mind that your trust is compliant, properly managed, and safeguarded for the future.

Fees

No taxable income

For Trusts which have no taxable income.
$582.35per annum + GST
FEATURES
Adherence to AML rules and compliance for the Trust as it relates to lawyers;
Host an Annual General Meeting of the trustees of the Trust to discuss the Trust's position and formalise any resolutions required (or alternatively to prepare and arrange execution of an Annual Resolution of trustees);
Correspondence with the Trust's accountant to confirm the details of any gifting completed, signing of financial statements, and provide legal statements as applicable for each financial year (so that the Trust's accounts properly reflect the legal transactions completed in the prior financial year);
Provide copies of any Trust documentation to any parties as required (i.e. banks, mortgage brokers, agents etc);
The on-going services of a unique professional trustee company if required;

Taxable income

For Trusts which earn a taxable income.
$782.35per annum + GST
FEATURES
Adherence to AML rules and compliance for the Trust as it relates to lawyers;
Host an Annual General Meeting of the trustees of the Trust to discuss the Trust's position and formalise any resolutions required (or alternatively to prepare and arrange execution of an Annual Resolution of trustees);
Correspondence with the Trust's accountant to confirm the details of any gifting completed, signing of financial statements, and provide legal statements as applicable for each financial year (so that the Trust's accounts properly reflect the legal transactions completed in the prior financial year);
Provide copies of any Trust documentation to any parties as required (i.e. banks, mortgage brokers, agents etc);
The on-going services of a unique professional trustee company if required;

(valid from 01.02.2025)
If you would like McVeagh Fleming to provide these services on an annual basis, please contact us and let us know your preferred month for holding your AGM.

It all starts with a conversation

Need help? Click the button below to request contact with someone from our team.

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Frequently asked questions

Some things worth knowing about Trust management.
Why does a trust need to be managed?
Properly managing a trust is crucial to ensure that the trust's objectives are met, the beneficiaries' interests are protected, and compliance with legal and fiduciary responsibilities is maintained. That’s the reason for the Annual Resolution, recording the Trust information that should be recorded every year.

Key aspects of good trust management include:
1.           Clear Record Keeping: Maintaining accurate and up-to-date records of all transactions, distributions, and decisions is essential for transparency and accountability.
2.           Regular Reviews: Periodic reviews of the trust's performance, investments, and overall strategy help in adapting to changes in circumstances or beneficiaries' needs.
3.           Compliance: Adhering to all relevant laws, regulations, and the terms of the trust deed is fundamental to avoid legal issues and potential disputes.
4.           Communication: Open and effective communication with beneficiaries and other stakeholders ensures that everyone is informed and any concerns are addressed promptly.
5.           Professional Advice: Engaging with legal, financial, and tax advisors can provide valuable insights and help in making informed decisions that align with the trust's objectives.

Good trust management not only safeguards the assets but also builds confidence among the beneficiaries, ensuring that their interests are prioritized and protected. If we don’t do these things, your Trust may not provide you with the assets protection it is intended to (and could be deemed a sham arrangement).
Do I still need a trust?
If you believe the Trust is no longer necessary, you can give us a call and book a time for us to talk.