Trust Contract for New Zealand

Trust Contract Template for New Zealand

A comprehensive legal document governed by New Zealand law, particularly the Trusts Act 2019, that establishes and regulates a trust relationship between parties. It details the transfer of assets from a settlor to trustees, who hold and manage these assets for the benefit of specified beneficiaries. The document outlines trustee powers and duties, beneficiary rights, trust administration procedures, and includes provisions for trust modification and termination. It incorporates mandatory and default duties as required by New Zealand trust law while allowing for customization to meet specific trust objectives.

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What is a Trust Contract?

The Trust Contract is a fundamental legal instrument in New Zealand's trust law framework, essential for creating and governing trust relationships. This document is used when individuals or entities wish to establish a trust structure for asset protection, estate planning, business succession, or charitable purposes. It must comply with the Trusts Act 2019 and related New Zealand legislation, incorporating mandatory trustee duties while allowing flexibility for optional provisions. The Trust Contract typically includes detailed sections on trust property management, beneficiary rights, trustee powers, and administrative procedures. It's particularly relevant for family trusts, charitable trusts, and business trust arrangements, requiring careful consideration of tax implications and relationship property laws in New Zealand.

What sections should be included in a Trust Contract?

1. Parties: Identifies the settlor(s) and initial trustee(s) who are parties to the trust deed

2. Background: Sets out the context and intention to create the trust

3. Definitions: Defines key terms used throughout the trust deed

4. Declaration of Trust: Formal establishment of the trust and transfer of initial trust property

5. Trust Purpose: Clearly states the purpose(s) for which the trust is established

6. Beneficiaries: Identifies and defines the class of beneficiaries and their respective interests

7. Powers of Trustees: Comprehensive list of powers granted to trustees in managing the trust

8. Trustee Duties: Specifies mandatory and default duties under the Trusts Act 2019

9. Appointment and Removal of Trustees: Processes for appointing new trustees and removing existing ones

10. Trust Administration: General provisions for trust management and decision-making

11. Income and Capital: Rules for dealing with trust income and capital

12. Variation and Termination: Provisions for amending trust terms and eventual termination

What sections are optional to include in a Trust Contract?

1. Protector Provisions: Include when a trust protector is appointed to provide additional oversight

2. Advisory Trustees: Include when advisory trustees are to be appointed to provide specialist advice

3. Charitable Purposes: Include for trusts with charitable elements or purposes

4. Foreign Asset Provisions: Include when trust may hold overseas assets

5. Business Operation Provisions: Include when trust will operate a business

6. Relationship Property Provisions: Include specific provisions addressing relationship property issues

7. Perpetuity Period: Include if trust needs specific duration provisions different from default law

8. Minor Beneficiaries: Include specific provisions for managing benefits for minors

What schedules should be included in a Trust Contract?

1. Schedule 1 - Initial Trust Property: Details of assets initially settled on the trust

2. Schedule 2 - Named Beneficiaries: List of specifically named beneficiaries and their details

3. Schedule 3 - Trustee Remuneration: Details of any agreed trustee remuneration arrangements

4. Schedule 4 - Trustee Powers: Detailed list of specific investment and management powers

5. Schedule 5 - Conflict Management: Procedures for managing conflicts of interest

6. Appendix A - Trustee Resolutions: Template forms for trustee resolutions

7. Appendix B - Deed of Retirement and Appointment: Template for trustee changes

8. Appendix C - Memorandum of Wishes: Non-binding guidance from settlor regarding trust administration

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Legal Services

Financial Services

Wealth Management

Real Estate

Family Business

Private Banking

Professional Services

Estate Planning

Asset Management

Charitable Organizations

Relevant Teams

Legal

Wealth Management

Trust Administration

Estate Planning

Private Client Services

Compliance

Tax Advisory

Asset Management

Risk Management

Corporate Services

Relevant Roles

Trust Lawyer

Estate Planning Attorney

Wealth Manager

Financial Advisor

Trust Administrator

Private Client Manager

Tax Consultant

Property Manager

Trust Account Manager

Compliance Officer

Family Office Manager

Corporate Trustee

Legal Counsel

Trust Operations Manager

Estate Planning Specialist

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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