Introduction

Family trusts are a popular way to protect assets, provide for loved ones, and keep wealth within the family/whānau. Done right, a trust can shield the family home from business risk, help manage inter-generational gifting, and offer flexibility when life circumstances change. Our experienced team can assist with setting up a family trust and managing the trust documentation and other legal requirements going forward.

Deciding if a Trust Is Right for You

A family trust isn’t a one-size-fits-all solution. We often start with a discussion about your goals – asset protection, succession planning, blended-family concerns, or potential rest-home costs. Then we consider whether a trust, a will review, or another structure best meets those goals, including considering set-up and compliance costs against the benefits.

Establishing the Trust

If a trust makes sense, we draft a modern trust deed that clarifies who the beneficiaries are, appointment powers, and how trustees can distribute income or capital. We walk you through choosing independent versus family trustees, the “mandatory” and “default” duties under the Trusts Act 2019 and other important considerations prior to finalisation and signing.

Transferring Assets to the Trust

Transferring the home, investment property, or a share portfolio? We can assist with preparing the necessary documentation, updating property titles, and liaising with your accountant on any bright-line or depreciation claw-back risk. We can also provide guidance on any valuation issues before assets are transferred into the trust.

Day-to-Day Administration & Trustee Duties

Trustees must keep core documents, act unanimously, and give basic trust information to beneficiaries on request. We can assist with preparing trustee resolutions, gifting and other key documents so record-keeping is compliant. If you need help with AGM or trust meeting minutes or gifting we are happy to assist.

Regular Reviews – Keeping the Trust Fit for Purpose

Life moves on and so should your trust. We recommend a review every three to five years (or after major events like marriage, divorce, or a business sale). We can confirm whether the trust deed still matches your wishes, review loan balances, and amend appointment clauses or beneficiary classes as needed, ensuring the trust remains both legally sound and commercially sensible.

Why Choose Harris Tate?

• Plain-English advice: No legal jargon – just clear next steps.
• Personalised solutions: Every trust tailored to your family’s goals and risk profile.
• Full service: Trust set-up, asset transfers, document drafting and ongoing reviews in one place.
• Knowlegeable and experienced team.

Let’s Protect Your Future

Are you ready to future-proof your assets? Contact Harris Tate today for clear, practical advice that ensures your family trust is kept simple, effective, legally sound, and aligned with your long-term plans.