Law Commission’s review of the law of trusts

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The Law Commission is currently undertaking a review of trust law in New Zealand. In particular, the Commission is reviewing the Trustee Act 1956, the Perpetuities Act 1964, the Charitable Trusts Act 1957 and trustee companies legislation.

Initially the Commission published a series of five Issues Papers investigating the context and concepts of trusts, and raising issues regarding trust law in New Zealand.  These are available to review on the Commission’s website www.lawcom.govt.nz.

The Commission also published a Preferred Approach paper which outlines the Commission’s preferred approach in regards to a range of possible trust law reforms.  The Commission sought feedback on the options outlined in the Preferred Approach paper, and plans to release a final report with its recommendations later in 2013.

Contact Wells & Co Barristers & Solicitors for further legal advice regarding trust law, including:

  • formation of trusts, and the drafting of trust deeds;
  • asset protection;
  • beneficiaries’ rights and trustees' obligations;
  • gifting and trust administration; and
  • the winding up trusts.