How to Fix an Old Trust Without Winding It Up

If your Trust records are messy, missing, or out of date, you may have been told: *“It’s too hard to fix—just wind it up.”*

That advice is almost always wrong. With some organisation and a little help, most Trusts can be restored to full health.

1. Missing Records

Often, the problem is simply that paperwork is scattered across boxes, files, or emails.
**Solution:** File everything you can find in date order. Gaps become easier to spot—and easier to fill.

2. Messy Paperwork

Even if your Trust has years of untidy records, it doesn’t mean it’s invalid.
**Solution:** A few hours of sorting can bring clarity. A professional review can highlight what truly matters.

3. Lapsed Administration

If annual decisions weren’t documented or trustee meetings weren’t recorded, don’t panic.
**Solution:** Trustees can usually adopt resolutions to confirm past oral decisions and reset compliance going forward.

Real-Life Stories

**✅ Success – Karen**
Karen’s Trust records were a mess. We reorganised the paperwork, passed trustee resolutions, and brought it up to date in one afternoon. She kept all her asset protection—with far less effort than starting over.

**⚠️ Failure – Philip**
Philip wound up his Trust after being told it was non-compliant. A year later, he died and left his estate to his son John, who was then bankrupt.  John’s creditors took the inheritance Philip left—something the Trust would have prevented.

Why Winding Up Is the Wrong Shortcut

Scrapping a Trust to avoid paperwork almost always costs more in the long run. You lose protection against relationship claims, creditors, and care costs—all for the sake of a filing job that could have been fixed in hours.

The Bottom Line

An old or untidy Trust can nearly always be revived. With the right help, your Trust can transition from “broken” to fully compliant without compromising the protections that matter most.

📖 **Next step:** Contact us to book a **Trust Check** at our offices or via Zoom with Kirsty Hourigan +64 9 4155704. We’ll review your Trust, help you tidy the paperwork, and put it back on track.

Disclaimer: This blog is general information only, not legal advice. The decision to wind up a trust has serious implications, including potential loss of asset protection and tax consequences. Please seek professional advice for your situation before taking any action.