Changing a Trust.

Legal Advice for Updating, Restructuring or Winding Up a Trust

Trusts need regular attention to remain effective and compliant. Whether you’re updating an existing trust, considering changes, or planning to wind it up, we provide practical legal advice tailored to your situation.

Updating a Trust

If it’s been a few years since your trust was reviewed, it may be time for an update. Changes in law, family circumstances, or assets can mean your deed no longer reflects your current situation. We review your trust, identify risks such as outdated clauses or compliance gaps, and help you decide what changes are needed.

We assist with:

• Appointing or removing trustees

• Updating the deed so it aligns with requirements under the Trusts Act 2019

• Documenting transfers or asset changes correctly

• Supporting ongoing trust administration and trustee decision making

We help ensure your trust continues to reflect your intentions and legal requirements for the years ahead.

Trust Restructuring or Winding Up

If your trust no longer serves its original purpose, we can guide you through:

•  The legal process of restructuring or winding up

• Distributing trust assets in accordance with the deed and relevant legislation

• Addressing issues or challenges raised by trustees or beneficiaries

Tailored Advice for Your Situation

Every trust has its own structure, assets, and relationships. Our advice considers the purpose of the trust, the types of assets held, and the roles of trustees and beneficiaries. We aim to help you manage, vary, or conclude the trust in a way that is legally sound and aligned with your current objectives.

Where We Work

Our trust law specialists are based in Wellington, Lower Hutt, and Masterton. We assist clients across New Zealand, offering expert advice on trust review, restructuring, and wind up, tailored to your situation.

Questions We Often Get Asked About Trust Changes

Do I need legal advice to wind up a trust under the Trusts Act 2019?

Yes. Winding up a trust involves following statutory requirements, ensuring the deed permits winding up, and distributing assets correctly under legislation. We help you navigate those steps.

When should a trust deed be updated?

Your trust deed may need updating when law changes, your family or assets change, or if there are structural or governance gaps. We review your current deed and recommend amendments where needed.

What rights do beneficiaries have to trust information?

The Trusts Act 2019 expanded the rights of beneficiaries to request certain trust information. We explain those rights, your disclosure obligations, and how to respond appropriately.

Can trustees make changes without involving beneficiaries?

That depends on your deed and the nature of changes. Some updates require beneficiary notice or consent. We review the trust terms and guide the correct process.

What if trustees can’t agree on trust changes or winding up?

If trustees disagree, it can hold up decisions or create legal risk. We help by reviewing the trust deed, explaining legal obligations, and guiding a path forward. This may involve negotiation, mediation, or applying to the court if agreement isn’t possible.