PERSONAL

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Trusts

Creating a Family Trust can be an effective mechanism through which to safeguard your assets for the future. A carefully created Trust can also have many other benefits such as preventing relationship property claims and claims against estates, protection against creditors as well as tax advantages. Once assets are transferred into a Family Trust they are no longer owned personally. We have considerable expertise in the Family Trust area and can provide sound advice on creating a Trust that works in the way that the client wants it to as well as providing assistance with managing the Trust in the future and demystifying all the jargon associated with Trusts. Many clients consider setting up a Family Trust to protect relationship assets. If you are getting married or starting a relationship you may also wish to have a Contracting Out Agreement prepared for added asset protection.

Family Trusts Administration

Our family trust lawyers expertise includes:

  • 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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