Setting up a Trust

The Trusts Act 2019 is the name of the current trust law in Aotearoa New Zealand. It came into effect on January 30, 2021 and was the first major trust law reform in Aotearoa New Zealand in 70 years.

It applies to all existing trusts in Aotearoa New Zealand, as well as any trust created after January 30, 2021. 

The Trusts Act 2019 has specifically had written into the law: 

• The obligations of trustees

• Increased the obligations of trustees

• Strengthened the ability of beneficiaries to hold trustees to account

• Introduced new mandatory and default duties

• Introduced new adviser obligations

• Defined a trust as an express trust

• Set a new maximum duration of 125 years (up from the previous 80 years duration)

• Presumed that trustees will give basic trust information to every beneficiary

• Set out new liability laws for trustees

• Set the age of majority at 18.