Trusts & Estates

Trusts & Estates

Charitable Trusts

We advise on the establishment and operation of charitable trusts, including registration with Charities Services in order to obtain charitable tax benefits. Whether you administer an existing charitable trust, or you wish to start one, talk to us about how we can assist.

Trusts & Estates

Family Trusts

Whether you are receiving an inheritance, entering a new relationship, ending a relationship, thinking about the best interests of children and grandchildren or becoming a
business owner or director, there is a place for trusts as part of a well thought out asset ownership structure.

We carefully review your needs to ensure that you receive the right advice for your specific circumstances. Trusts are not for everyone, and the law is constantly evolving. Our trust lawyers are at the forefront of new developments and changes in trust law.

If you do have a trust, we can assist with ensuring that trust property is administered properly so that the structure remains robust and endures.

We also advise lawyers in other jurisdictions on establishing, maintaining and terminating New Zealand qualifying and foreign trusts.

Trusts & Estates

Wills

Every New Zealander who owns assets or has non-adult children should have a Will, and any non-resident who owns real estate in New Zealand needs to have a New Zealand Will. Otherwise, you may find your assets being distributed in a way you never expected or intended. Make things easier for your family by providing certainty about your intentions. 

We will also make sure you are aware of your legal and moral duties to family members. If you are an executor of an estate, a beneficiary, or someone who has been left out of a will or not properly provided for we can assist with any potential claim.

For more information:

• Wills – What, Why, When and How?
• The Cost of not having a Will
• Challenging a Will

Trusts & Estates

Estate Administration

Our experienced estate administration team will guide you through the roles of the executors, the requirements of applying for probate, closing accounts, transferring assets
and distributing them in accordance with the Will.

We are sensitive to the needs of grieving family members and understand this can be a difficult time for everyone concerned.

We also have experience in obtaining letters of administration and resealing probate for overseas clients, and dealing with assets in other jurisdictions.

We can also assist with situations where there is no will in place, and advise on the process for administering an intestate estate (one where there is no Will).

Trusts & Estates

Special Purpose Trusts

We can advise on the establishment and use of trusts for particular needs, these include educational needs and for administration of insurance policies amongst others. There are no particular limitations on the subject matter that special purpose trusts can be applied to. Talk to us about how you want your special purpose trust to work.

Trusts & Estates

Trustee Services

For qualifying clients we may be prepared to act as an independent trustee of your family trust, through a separate trustee entity.

We can also provide guidance to trustees on best practice in terms of trust administration, preparation of trustee resolutions, the holding of annual meetings, and dealing with
external parties such as accountants and financial advisers.

Talk to us about trust administration as this is a crucial part of ensuring your trust will withstand any potential claim.

Trusts & Estates

Trustee and Beneficiary Rights

The law is evolving and increasingly trustees face challenges with the administration of trust property.

Equally it is likely that beneficiaries will become more aware of their rights to information in respect of trusts.

We can provide advice on these aspects of trust law, including changes likely to come into New Zealand law as a result of the Trusts Bill presently before Parliament.

Trusts & Estates

Enduring Powers of Attorney

With an aging population, we need to be aware of the risk of losing mental capacity. Without mental capacity, you won’t be able to make decisions about your personal care and
welfare or property matters. Without enduring powers of attorney in place, your loved ones will face the costs and delays of applications to the Court for management orders.

Plan ahead and get powers of attorney in place before they are needed.

We can also help review attorney decisions or apply to the Court for orders where powers of attorneys are not in place. See Incapacity.

Trusts & Estates

Variation and Termination of Trusts

With some trusts having been around for up to 50 years, they may no longer meet your needs.

Perhaps the initial reasons for setting up your trust no longer apply. We appreciate that ongoing running of some family trusts can be administratively and financially challenging.

We can assist to review the existing structure and make recommendations as to whether the assets can be resettled onto another trust, or the trust simply wound up. As a result of numerous changes to trust law in recent years, a review of your existing structure is advisable.

Trusts & Estates

Dispute Resolution

Trusts and wills are often the source of legal disputes, particularly when succession planning leads to disagreements among beneficiaries or when outdated documents and administrative errors create complications.

In relation to trusts, these disputes can involve challenging trustee decisions, requesting disclosure of trust information, removing trustees, and determining the validity of trust deeds. Additionally, legal intervention may be necessary to confirm a trustee’s proposed actions or to divide trust assets in cases of relationship breakdowns or deaths.

Similarly, wills can be challenged if beneficiaries feel they have been unfairly excluded or inadequately provided for, or where testamentary capacity is in issue. Estate claims can also involve assessing relationship property matters for surviving partners, ensuring children’s legal rights to provision under the Family Protection Act, and considering claims under various other legislative acts (for example: a testamentary promise).

As time limits apply to such claims, expert legal guidance is essential for navigating these processes effectively.