Asset Structuring Specialist

Family Trusts & Asset Protection

A Family Trust is a powerful legal structure designed to protect your personal assets, shield family wealth from business creditors, and secure your generational legacy in compliance with the Trusts Act 2019.

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Trusts Act 2019 Alert

The Trusts Act 2019 introduced sweeping transparency changes. Trustees must now proactively notify beneficiaries of their status and share key trust documents.

Deed Vetting Essential: Many trust deeds established before 2021 may now be non-compliant. We review and amend older trust structures to align them with current statutory disclosure and trustee rules.

Explore Our Detailed Trust Guides

Family Trusts In-Depth

A comprehensive guide to trust structuring, the role of Settlors, Trustees, and Beneficiaries, ongoing administration duties, and compliance under the Trusts Act 2019.

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Asset Protection & Tax Structuring

Explore advanced asset shielding, tax planning covenants, business restructuring, Look-Through Companies (LTC), and creditor protection strategies.

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We need Trust and Asset protection

    Your current position

    An EPA is an enduring power of attorney. It covers who acts for you if you lose capacity during your lifetime. It is separate from your will.

    Why Establish a Family Trust in New Zealand?

    1. Creditor & Business Protection

    For business owners, sole traders, or company directors, a Family Trust holds the family home separately from personal liabilities, shielding it from future business insolvencies or claims.

    Creditor Shielding

    2. Relationship Property Protection

    Coordinating trusts with Contracting Out Agreements (prenups) prevents family assets and inherited properties from being split 50/50 under the Property (Relationships) Act 1976.

    Relationship Claims

    3. Generational Legacy

    Assets remain in the trust after a settlor's death, avoiding probate administration delays and ensuring assets are managed responsibly for grandchildren or minor heirs.

    Generational Transfers

    Trusts Act 2019: Mandatory vs. Default Trustee Duties

    The Trusts Act 2019 divides trustee obligations into two distinct categories. **Mandatory duties** must be followed and cannot be changed, whereas **default duties** apply unless modified by the trust deed:

    Mandatory Duties (Cannot Be Modified) Default Duties (Can Be Modified by Deed)
    **Know the Terms of the Trust**: A trustee must understand the trust deed covenants and rules.

    **Duty of Care**: Exercise the care and skill reasonable in the circumstances.

    **Act in Accordance with Terms**: Must administer trust assets strictly as the deed instructs.

    **Duty to Invest**: Invest trust funds prudently, maintaining asset values.

    **Act Honestly and in Good Faith**: Fiduciary duty to act honestly in all transactions.

    **Not to Profit**: Trustees must not make a personal profit from trust operations.

    **Benefit of Beneficiaries**: Must manage trust assets solely for the benefit of beneficiaries.

    **Act Unanimously**: All trustees must agree on decisions (unless deed allows majority).

    **Exercise Powers for Proper Purpose**: Trustee powers must only be used as intended.

    **Regular Reporting**: Trustees should provide financial accounts to beneficiaries.

    The Trust Establishment & Asset Transfer Process

    Setting up a Family Trust and executing the legal transfer of assets (conveyancing) involves five key phases:

    Phase Key Legal Action Documentation Executed

    Phase 1

    Initial Consultation & Vetting

    Inventory of personal assets, identify beneficiaries and trustees.

    Phase 2

    Trust Deed Drafting

    Drafting trust deeds with customized appointor and trustee clauses.

    Phase 3

    Deed Execution

    Signing and witnessing of the final Trust Deed by Settlor and Trustees.

    Phase 4

    Conveyancing & Asset Transfer

    Transferring real estate titles to trustees (LINZ registrations) or assigning shareholdings.

    Phase 5

    Annual Trust Administration

    Filing annual IRD IR6 tax returns, preparing financial accounts, and record-keeping.

    Establish or Review a Family Trust with Ian Mellett

    Coordinate your asset protection strategy, review your existing trust deeds, and ensure full compliance under the Trusts Act 2019. Request a quote today.

    Request a Trust Quote

    Frequently Asked Questions

    Yes. It is common in New Zealand for the Settlor (the person establishing the trust) to also act as a Trustee (managing the assets) and a Beneficiary (receiving trust distributions). However, to maintain the trust's credibility and avoid "sham trust" claims by creditors, we strongly advise appointing at least one independent Trustee (such as your solicitor or accountant).

    The upfront cost to draft a customized trust deed and settle the trust typically ranges from $1,800 to $3,500, depending on complexity. Transferring properties to the trust involves standard residential conveyancing fees. Ongoing annual administration costs (for accounting, tax returns, and trustee meetings) typically range from $1,000 to $2,500.

    Gift duty was completely abolished in New Zealand in October 2011, meaning you can transfer assets of any value to your trust without tax outgoings. However, you should still execute formal deeds of gift to document transfers. Furthermore, you must review your trust to satisfy the newer Trusts Act 2019 transparency requirements.

    Instruct Quay Law for Your Transaction

    Contact our Remuera office to discuss your sale or purchase contract, title checks, or financing arrangements.

    Office Telephone

    09 523 2408

    Email Address

    info@quaylaw.co.nz