30 July 2019 was an important milestone in the land of trusts. That was the date the Trust Act 2019 became law in New Zealand.
One of the objectives of this new law is to provide for greater transparency and accountability by trustees to beneficiaries. This objective is underpinned by trustee duties now being codified.
Whilst it may seem an obvious point to make, it should nevertheless be made... in order for a beneficiary to hold a trustee accountable, they must first know they are indeed a trust beneficiary. Prior to this new enactment, many people would be unaware they were beneficiaries of a trust. This is because trustees did not have a positive legal duty to inform a person of their position. The new Act has reversed this position entirely, however, mandating trustees have positive duties of disclosure to honour.
Pursuant to the newly introduced statute, trustees must now inform people if they are a beneficiary of a trust. This includes fixed and discretionary beneficiaries. Furthermore, trustees must provide specific information to beneficiaries. Whilst trustees have a legal right to withhold information, this will prevail only in very exceptional circumstances.As always, if you need assistance with your trust affairs, be sure to contact us on +64 9 522 7955, [email protected] or via our website.
Thanks for a great night at your property information seminar last night. Both my husband and I thoroughly enjoyed what Matthew had to talk about and we learnt a great a lot. We have recently joined GRA for our accounting services and are in the process of changing structures with trusts etc. Whilst its only early days everyone so far we have dealt with has been fantastic and we feel we are in great hands with GRA to not only manage our affairs but to also help to grow our wealth moving forward. We look forward to joining you at property school next year! - Amanda C, November 2018
Gilligan Rowe and Associates is a chartered accounting firm specialising in property, asset planning, legal structures, taxation and compliance.
We help new, small and medium property investors become long-term successful investors through our education programmes and property portfolio planning advice. With our deep knowledge and experience, we have assisted hundreds of clients build wealth through property investment.
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