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Trust Agreement
I need a trust agreement to establish a family trust for estate planning purposes, ensuring that the assets are managed by a trustee for the benefit of my children, with clear instructions on asset distribution and provisions for educational expenses. The agreement should include clauses for trustee succession and the ability to amend the trust terms under specific circumstances.
What is a Trust Agreement?
A Trust Agreement creates a legal arrangement where someone (the trustee) manages assets or property for the benefit of others (the beneficiaries). In New Zealand, these agreements play a vital role in estate planning, family wealth protection, and charitable giving under the Trusts Act 2019.
The agreement spells out how the trust works, including the trustee's duties, how benefits are distributed, and what happens when circumstances change. Many Kiwis use trusts to protect family homes, manage business assets, or support wh��nau across generations - making them a cornerstone of NZ's legal and financial planning landscape.
When should you use a Trust Agreement?
Trust Agreements become essential when you need to protect and manage assets for specific purposes or people. Common triggers include planning your estate, protecting a family home from business risks, or setting up long-term care for dependents under New Zealand's Trusts Act 2019.
Consider a trust when buying property with family members, starting a business while protecting personal assets, or creating a legacy for future generations. They're particularly valuable for charitable giving, supporting disabled family members, or managing inherited wealth across multiple beneficiaries while minimizing tax implications and maintaining control over asset distribution.
What are the different types of Trust Agreement?
- Revocable Trust Agreement: Offers flexibility to modify or cancel the trust during the settlor's lifetime, ideal for changing family circumstances
- Agreement And Declaration Of Trust: Establishes basic trust terms and relationships, commonly used for straightforward family or property arrangements
- Trust Settlement Agreement: Sets up initial trust funding and asset transfer terms, perfect for complex estate planning
- Declaration Of Trust Deed: Formally documents trustee obligations and beneficiary rights, often used in property holdings
- Deed Of Ratification Trust Deed: Confirms and validates existing trust arrangements, useful when updating or clarifying trust terms
Who should typically use a Trust Agreement?
- Trustees: Legal professionals, family members, or trusted advisors who manage the trust's assets and make decisions according to the agreement's terms
- Settlors: Individuals or entities who create the trust and transfer their assets into it, often seeking to protect wealth or provide for family
- Beneficiaries: Family members, charitable organizations, or other parties who receive benefits from the trust's assets or income
- Legal Advisors: Lawyers and trust specialists who draft agreements, ensure compliance with NZ trust law, and provide ongoing guidance
- Accountants: Financial professionals who handle tax implications, annual reporting, and financial management of trust assets
How do you write a Trust Agreement?
- Asset Details: List all property, investments, and items to be placed in trust, including current values and ownership documents
- Trustee Selection: Identify capable trustees who understand their obligations under NZ law and can manage trust affairs effectively
- Beneficiary Information: Gather full names, contact details, and specific entitlements for all intended beneficiaries
- Distribution Rules: Define clear conditions for how and when trust benefits will be distributed
- Professional Support: Our platform generates legally-sound Trust Agreements, but consider consulting tax advisors for optimal structure
- Future Planning: Document succession plans, trust duration, and any specific events that might trigger changes
What should be included in a Trust Agreement?
- Trust Identification: Full name of trust, establishment date, and governing law under NZ Trusts Act 2019
- Party Details: Complete information for settlor(s), trustee(s), and beneficiaries, including roles and powers
- Asset Schedule: Detailed listing of all property and assets being transferred into the trust
- Distribution Terms: Clear rules for how benefits will be allocated among beneficiaries
- Trustee Powers: Specific authorities granted to trustees for managing trust assets
- Duration Clause: Trust's lifespan and any conditions for termination or variation
- Execution Block: Proper signing provisions for all parties, with witness requirements
What's the difference between a Trust Agreement and an Asset Purchase Agreement?
Trust Agreements are often confused with Asset Purchase Agreements, but they serve fundamentally different purposes in New Zealand law. While both deal with asset transfers, their structure and legal implications differ significantly.
- Ownership Structure: Trust Agreements create ongoing management relationships where trustees hold assets for beneficiaries, while Asset Purchase Agreements facilitate one-time transfers of ownership
- Duration: Trusts typically operate long-term across generations, whereas Asset Purchase Agreements conclude once the sale completes
- Legal Obligations: Trustees have ongoing fiduciary duties under the Trusts Act 2019, while buyers and sellers mostly part ways after settlement
- Tax Treatment: Trusts offer specific tax advantages and planning opportunities that aren't available with direct asset purchases
- Flexibility: Trust Agreements allow for complex distribution arrangements and future modifications, unlike the fixed terms of a purchase deal
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