Trust deed NZ setup and drafting for family, business and property trusts. Fixed-fee, drafted to comply with the Trusts Act 2019, written in plain English. A properly drafted trust deed NZ protects your assets, clarifies trustee duties and gives families and business owners certainty from day one.
Margate Group is a NZ business consultancy, not a law firm. We prepare trust documentation and provide governance support. We do not represent clients in court proceedings.
Limited-time sale — was $1,600, now $750 + GST. Includes free consultation, Trust Deed drafting, review of existing documents and trust administration setup guidance. No hourly billing.
We don't hand you a template. Every trust deed NZ is personally drafted around your specific assets, trustees and long-term goals. Compliant with the Trusts Act 2019 and written in plain English.
What's included in your Trust Deed service — $750 + GST
Everything below is covered under one fixed fee. No extras, no hourly billing, no hidden costs.
Before drafting anything we learn about your assets, your family or business situation and what you are trying to achieve. The Trust Deed reflects your actual circumstances.
Trust documents should be readable. We write in plain English so trustees and beneficiaries understand their rights and obligations clearly.
A properly drafted Trust Deed is your primary asset protection tool. Clear trustee powers and beneficiary terms significantly reduce the risk of disputes or compliance failures.
The 2019 Act introduced significant new obligations for trustees. We ensure your Trust Deed meets every current requirement so you are not exposed by an outdated document.
$750 + GST covers the full service. You know the exact cost before we start. No ticking clock, no bill shock and no add-ons you didn't ask for.
Trusts require ongoing governance. We are available for trustee resolutions, deed variations and compliance questions as your trust and circumstances evolve.
A trust without a properly drafted deed, or with an outdated one, leaves assets exposed, creates trustee liability and can result in costly disputes. The Trusts Act 2019 significantly increased obligations on trustees from 30 January 2021.
Simple, clear and done for you. From first consultation to a finalised, Trusts Act 2019 compliant deed.
We start with a no-obligation call to understand your assets, goals and the type of trust you need. We confirm whether a trust is right for your situation before any work begins.
Your price is confirmed upfront at $750 + GST for the complete service. Pay online immediately or we invoice after the consultation. No ticking clock.
We personally draft your Trust Deed tailored to your trustees, beneficiaries and assets. Full Trusts Act 2019 compliance is built in, including the mandatory trustee duties under section 23.
You review the draft and we make any adjustments included in your fee. Once finalised, your Trust Deed is delivered along with guidance on trustee obligations and next steps.
Ready to get started?
Book a free consultation or buy directly online for $750 + GST.
The type of trust you need depends on what you are protecting and how you want assets managed. We draft all of the following under the same fixed fee, fully compliant with the Trusts Act 2019.
Margate Group is a business consultancy, not a law firm. We provide trust documentation and governance support services. We do not provide services reserved for lawyers and we cannot represent clients in court proceedings.
Real outcomes for real NZ business owners and families.
We can't recommend The Margate Group highly enough. During our business's start-up phase, Margate provided invaluable, clear, and precise advice on agreements and structure. They have a unique ability to explain complex legal jargon in plain terms.
It's not often I write reviews but I have been incredibly impressed with work done by Margate reviewing a number of contracts for my business. Highly recommended.
As a SME owner, getting the right advice isn't always easy. Margate strike the perfect balance of professional, direct and genuinely caring. From contract negotiations to tricky customer non-payment disputes, they've consistently helped me achieve the right outcome. Highly recommend.
A trust deed NZ is the foundation of every New Zealand trust. It defines trustees, beneficiaries, what assets are held and how those assets are managed. Since the Trusts Act 2019 commenced on 30 January 2021, the rules around what a deed must do, and what trustees must do regardless of what the deed says, have changed significantly.
A Trust Deed is the foundational document that creates and governs a trust. Without a Trust Deed there is no trust. It identifies the settlor (the person who establishes the trust), the trustees (who hold and manage the trust property), and the beneficiaries (who benefit from the trust). It also sets out what assets are held on trust, what powers the trustees have and how distributions are made.
In New Zealand, trusts are governed by the Trusts Act 2019, which replaced the Trustee Act 1956 and made a significant number of trustee duties mandatory. Even where a Trust Deed is silent, the Act imposes minimum obligations that cannot be contracted out of.
The Trust Deed is not the only source of trustee obligations. The Trusts Act 2019 sits over the top of every NZ trust, whether the deed addresses it or not.
Section 23 of the Trusts Act 2019 sets out five mandatory trustee duties that cannot be excluded by a Trust Deed: the duty to know the terms of the trust, the duty to act in accordance with those terms, the duty to act honestly and in good faith, the duty to act for the benefit of beneficiaries or to further the permitted purpose of the trust, and the duty to exercise powers for proper purposes.
Beyond these mandatory duties, sections 24 to 38 list default duties that apply unless the Trust Deed validly modifies or excludes them. These include prudent investment, keeping proper records and considering distributions. Breaching mandatory duties can expose trustees to personal liability.
The Trusts Act 2019 introduced new presumptions of disclosure. Under section 51, trustees must give every beneficiary basic trust information, the fact they are a beneficiary, the names and contact details of trustees, and the right to request further information, unless one of the factors in section 53 justifies withholding it.
Many older Trust Deeds were drafted on the assumption beneficiaries could be kept in the dark indefinitely. That assumption no longer holds. A properly drafted deed sets clear expectations around disclosure so trustees can meet their obligations without creating disputes.
A trust can provide meaningful asset protection, but the level of protection depends on when the trust was established and how assets were transferred into it. A trust set up well in advance of any financial difficulty, with assets properly settled and trustees acting independently, is significantly more robust than one set up reactively.
Under the Property Law Act 2007, transfers made with intent to defeat creditors can be set aside. Courts also retain the power to look behind a trust where it operates as a sham, where the settlor retains effective control of the trust property in a way that suggests no real trust exists. Strong governance from day one is what makes the difference.
If your trust was settled before 30 January 2021, your Trust Deed may not reflect the current framework. The Deed may attempt to exclude duties that can no longer be excluded, or simply not address them, leaving trustees uncertain about what applies.
Updating an existing Trust Deed typically involves a deed of variation drafted in accordance with the variation powers in the original deed and the Trusts Act 2019. Some changes require beneficiary consent or court approval. We review your existing documentation, identify the gaps and prepare the variation document.
For business or property trusts the update may also touch on related instruments like shareholders agreements or commercial lease arrangements that reference the trust. Strong due diligence at this stage prevents inherited problems.
We follow a four-step process. A free 30-minute consultation to understand assets, trustees and beneficiaries. A fixed-fee confirmation at $750 + GST. A personally drafted Trust Deed compliant with the Trusts Act 2019. A review-and-finalise stage with one revision round included. Each deed is drafted in plain English so trustees and beneficiaries can understand their rights from day one.
If you want a clear view of whether your trust is compliant or whether you need a new Trust Deed, our 30-minute consultation is free. We will tell you honestly what needs doing and what does not.
Honest answers about our Trust Deed service and NZ trust law.
Can't find what you're looking for?
Ask Us AnythingYes. A valid Trust Deed is the foundational document that creates the trust. Without a Trust Deed there is no trust. The Deed defines trustees and beneficiaries, what assets are held on trust and how those assets are managed and distributed. In New Zealand, trusts are governed by the Trusts Act 2019.
Our Trust Deed service is a fixed fee of $750 + GST. This covers a free 30-minute consultation, a fully tailored Trust Deed draft, review of any existing documents, administration setup guidance and one revision round. No hourly billing and no hidden costs.
NZ law firms typically charge between $1,500 and $3,500 + GST to draft a Trust Deed, with most billing hourly and many requiring additional fees for revisions or related advice. Margate Group's $750 + GST fixed fee covers consultation, drafting, document review and one revision round under one price. We are a business consultancy, not a law firm, so we cannot represent clients in court proceedings.
A Trust Deed creates a trust that operates during your lifetime and can continue after your death. Assets are held by trustees for beneficiaries. A Will is a separate document that directs how your personal estate is distributed after death. They are complementary, not interchangeable. Many NZ business owners and families need both a Trust Deed and a Will.
If your trust was established before 30 January 2021, a review is strongly recommended. The Trusts Act 2019 introduced mandatory trustee duties under section 23 and new beneficiary rights under section 51 that apply to all trusts regardless of when they were set up. Older deeds may no longer reflect your legal obligations and trustees may be personally exposed without realising it.
We draft family trusts, business trusts and property trusts. We also review and update existing Trust Deeds for compliance with the Trusts Act 2019. All trust types are covered under the same fixed fee of $750 + GST.
A properly structured trust can provide meaningful asset protection, but the level of protection depends on when the trust was established and how assets were transferred into it. Under the Property Law Act 2007, transfers made to defeat creditors can be set aside. A trust established well before any financial difficulty arises and properly maintained offers significantly stronger protection than one set up reactively.
When a settlor dies, the trust does not automatically end. Trust assets remain held on trust for the beneficiaries and the trustees continue to administer the trust in accordance with the Trust Deed. When a trustee dies, the remaining trustees continue unless the Deed provides otherwise. If no trustees remain, a new trustee must be appointed. The Trust Deed should clearly address trustee succession.
Yes. Every Trust Deed we draft is tailored to your specific trustees, beneficiaries, assets and goals. We do not use generic templates. The Deed reflects your actual circumstances and is drafted in plain English so everyone involved understands their rights and obligations.
Under section 23 of the Trusts Act 2019, trustees have five mandatory duties including the duty to know the terms of the trust, act honestly and in good faith and act for the benefit of beneficiaries. Default duties include prudent investment, keeping proper records and considering whether to distribute trust property. Breaching these duties can result in personal liability for trustees.
No. Margate Group is a business consultancy, not a law firm. We provide trust documentation and governance support services on a consultancy basis. We do not provide services reserved for lawyers and we cannot represent clients in court proceedings.
Yes. We work with clients nationwide across New Zealand. All our services are available remotely so your location is no barrier. We regularly work with clients in Wellington, Christchurch, Hamilton, Tauranga and rural regions across New Zealand.
Don't leave your assets exposed with an outdated or missing Trust Deed. A fixed-fee, Trusts Act 2019 compliant deed drafted for your specific situation — delivered to you fast.
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Trust Deed Setup — $750 + GST
Book a free consultation to discuss your situation or buy directly online and we will follow up to gather the details we need.
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We are a business consultancy, not a law firm. We cannot represent clients in court proceedings.
