FamilyTrusts
Family trust establishment, trustee appointments, trust administration, and ongoing compliance advice for Auckland families.
How we can help
Family trusts remain one of the most widely used legal structures in New Zealand for protecting assets, providing for future generations, and managing wealth across a family group. Since the Trusts Act 2019 came into force, trustees face greater obligations around record-keeping, disclosure to beneficiaries, and the standard of care expected of them. Indus Legal helps Auckland families navigate these requirements from the outset, ensuring your trust is established on a solid legal foundation.
Setting up a family trust involves careful consideration of who the settlor, trustees, and beneficiaries should be, what assets to transfer into the trust, and how the trust deed should be drafted to give trustees appropriate powers while safeguarding beneficiary interests. Our lawyers draft bespoke trust deeds rather than relying on generic templates, because every family's circumstances are different - from protecting a family home in Botany to managing investment properties across Auckland.
Beyond establishment, we provide ongoing trust administration support. This includes trustee resolutions for distributions, adding or removing trustees, annual compliance reviews, and advice on the mandatory disclosure obligations introduced by the Trusts Act 2019. If your trust was set up years ago, we can review your existing deed to ensure it meets current legislative requirements and still serves your family's needs.
What we help with
- Drafting tailored trust deeds that comply with the Trusts Act 2019
- Advising on trustee selection, appointment, removal, and retirement
- Transferring property, investments, and other assets into trust
- Ongoing trust administration including trustee resolutions and meeting minutes
- Beneficiary disclosure obligations and managing information requests under the Trusts Act 2019
- Reviewing and updating legacy trust deeds to meet current legal standards
Frequently asked questions
Do I still need a family trust after the changes to trust law?
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Family trusts still offer valuable benefits in New Zealand, including asset protection, estate planning flexibility, and provision for vulnerable family members. The Trusts Act 2019 increased trustee obligations but did not diminish the core advantages of a well-managed trust. Whether a trust is right for you depends on your particular circumstances, and our lawyers can help you weigh the benefits against the compliance costs.
What are the new trustee obligations under the Trusts Act 2019?
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The Trusts Act 2019 introduced mandatory duties for trustees, including the duty to know the terms of the trust deed, to act honestly and in good faith, to act for the benefit of beneficiaries, and to exercise reasonable care and skill. Trustees must also hold and maintain core trust documents and, in most cases, notify qualifying beneficiaries of basic trust information. Failure to comply with these duties can result in personal liability for trustees.
How much does it cost to set up a family trust in Auckland?
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The cost of establishing a family trust varies depending on the complexity of your assets and family structure. At Indus Legal, we provide a clear, upfront fee estimate before any work begins. The cost typically includes drafting the trust deed, initial trustee resolutions, and the transfer of assets. We are happy to discuss pricing during an initial consultation at our Botany office.
Ready to discuss your needs?
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