Private Wealth

Trusts

Overview
Specialised law services for tailor-made family and not-for-profit trusts

New Zealand has more trusts per head of population than anywhere in the world. It’s clear that individuals, families, businesses and not-for-profit organisations in this country are making the most of the effective asset protection and succession planning that comes with a carefully structured trust.

If you’re wondering how to start a trust, or deliberating the pros and cons of a trust, Hesketh Henry has a specialist team of estate planning lawyers for trust formation and administration. If you have an existing trust, our trust specialists can help you with the review, restructuring or resettlement in times of change. Educating trustees about their responsibilities is also part of our service.

We understand that everyone’s personal circumstances are different, which is why we don’t offer a ‘one size fits all’ solution for wills and trusts. When you work with Hesketh Henry you will receive tailor-made advice that leads to a purpose-built trust strategy and structure. Our expertise with family trust law extends to resolving disputes by arbitration, mediation or negotiation and, where necessary, through litigation.

For a copy of our Family Trust Booklet please contact the team.

Need advice on Trusts?
Contact the expert team at Hesketh Henry.
Examples

Examples of work completed by our team include:

Key Contacts
Publications
Events

Insights & Opinion / Trusts

Legler v Formannoij [2022] NZCA 607 – Self Dealing for an Improper Purpose?
In Legler v Formannoij [2022] NZCA 607, the children of a deceased father challenge their stepmother’s decision to appoint a corporate trustee, exclude the children and the family trust as beneficia...
09.06.2023 Posted in Private Wealth
Family Hands Paper Dolls Wide BW
Variations of Trust: Obtaining the Court’s Blessing
In Re Jury Family Trusts[1] the High Court was asked to ‘bless’ proposed variations of mirror trusts to avoid significant tax liabilities. First things first, what are mirror trusts? Mirror Trusts...
10.02.2023 Posted in Private Wealth
Fiduciary Duties to Adult Children – Court of Appeal rule differently
The Court of Appeal’s recent decision in D and E Ltd v A, B and C[1] overruled the High Court’s landmark decision in that case[2].  The High Court held that a fiduciary duty existed between a fat...
03.11.2022 Posted in Private Wealth
IMG  Edit for Website
The Settlors’ Plan
When you set up a trust, your plans and wishes count.
06.09.2022 Posted in Private Wealth
Putting all your assets in trust? What can your children do about it?
The High Court holds that a fiduciary duty can be owed to adult children.
22.02.2022 Posted in Private Wealth
COVID-19: Considerations for trustees
Navigating Uncertain Times for Trustees – considerations in light of Coronavirus
04.06.2020 Posted in COVID-19 & Private Wealth
Trustee crop
Trustee Meetings Key: Duty on Trustees under the Trusts Act to consider exercising their powers
The Trusts Act 2019 ("Act") comes into force on 30 January 2021 and with it comes the partial codification of trustee duties.
16.04.2020 Posted in Private Wealth
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