Trust Review Service
Is Your Trust Still Working the Way You Think It Is?
The law has changed. Your family has changed. A trust that was perfect ten years ago may no longer protect you the way it should. We review trusts prepared by us and by other lawyers — and we tell you clearly what needs to change.
Why Your Trust Needs to Be Reviewed
The Trusts Act 2019 changed the rules for every trust in New Zealand. If your trust deed has not been updated since the Act came into force, it is out of date.
Most New Zealand trust deeds were drafted before 2019. The Trusts Act 2019 introduced mandatory obligations that older deeds simply do not address — including the requirement to state the trust's objectives, and rules that prevent trustee-beneficiaries from participating fully in decisions that benefit them unless the deed expressly modifies those restrictions.
Beyond the law, your trust should reflect where you are in life today — not where you were when you first set it up. Changes in your family, your assets, or your wishes can all mean that your trust is no longer doing the job you think it is.
We review trusts we have prepared for existing clients, and we review trusts prepared by other lawyers. In both cases, we give you a written report with clear findings and a fixed-price quotation for any work needed. You decide what to do next — there is no pressure.
Signs Your Trust Needs Attention
Pre-2019 Trust Deed
Your trust deed was signed before the Trusts Act 2019 came into force.
Family Changes
New relationships, separation, children, grandchildren or deaths since the trust was set up.
Asset Changes
You've bought or sold significant assets, or changed how assets are owned.
Advised to Wind-Up
You've been told to wind up your trust and want to check whether that's the right decision.
Trustee Problems
There are problems with trustees, or beneficiaries are asking for information.
Not Reviewed Recently
It has been more than 3 years since your trust was last reviewed.
Which Type of Review Do You Need?
We offer two different review services depending on who prepared your trust. Each has its own process and its own fees.
Your Trust Was Prepared by Us
If Ross Holmes Virtual Lawyers (or Ross Holmes Lawyers) prepared your trust deed, we already hold all your background information. The review process is straightforward, the report is concise, and the fee for the variation is significantly lower than for external trusts.
- No review fee — variation fee only
- Family Trust variation from $980 (same for 1 person or couple)
- No AML fee — you are an existing client
- Online quote ready in minutes
Your Trust Was Prepared by Another Lawyer
If another law firm prepared your trust, we start with a thorough review of your deed and all variations. We produce a written report setting out exactly what needs updating and why — with a fixed-price quotation for two options.
- Stage 1: Written review report — $362.25 per trust
- Stage 2 (recommended): Complete new estate plan + Deed of Variation
- Stage 2 (alternative): Deed of Variation of existing trust only
- No AML fee for trust reviews or variations
| ||||||||||||||||||||||||||
Reviewing a Trust Prepared by Another Lawyer
If your trust was prepared by another law firm, we follow a two-stage process. Stage 1 is the review — Stage 2 is the variation. You decide whether to proceed to Stage 2 after you receive our written report.
| |||||||||||||||||
Trust Variation Fees
All prices include GST. We guarantee you will never pay more for a variation than it would cost for a new trust-based estate plan.
| Trust Type | RHL Client (deed of variation only) |
External (deed of variation only) |
External — 1 person (complete plan + deed of variation) |
External — couple (complete plan + deed of variation) |
|---|---|---|---|---|
| Family / Business / Inheritance Trust | $980 | $1,860 | $2,560 | $3,110 |
| Defined Interest Trust | $1,280 | $2,360 | $3,060 | $3,860 |
| Multi-Generational Trust | $2,480 | $2,860 | $3,560 | $4,610 |
| Parallel Trusts — 2 trusts (couple only) | $1,960 | $3,720 | — | $6,120 |
External clients: add Trust Review Report ($362.25 per trust) to the above totals. No AML fee applies to trust reviews or variations.
Additional Estate Planning Documents
A trust variation is an opportunity to bring all your estate planning documents up to date at the same time. The complete plan option above includes all the documents below. If you choose the variation-only option, they can be added separately.
| Document | 1 Person | Couple | Notes |
|---|---|---|---|
| Memorandum of Wishes | $360 | $360 | Included in complete plan |
| Simple Will | $300 | $600 | Leaves estate to named beneficiaries. Included in complete plan |
| Normal Will | $500 | $800 | Most popular — more detailed provisions. Included in complete plan |
| Complex Will | From $900 | From $1,440 | Testamentary trusts and complex provisions |
| EPA for Property | $300 | $500 | Appoints someone to manage your finances. Included in complete plan |
| EPA for Welfare | $300 | $500 | Appoints someone to make care decisions. Included in complete plan |
| Advance Health Care Directives | $300 | $600 | Your wishes for medical treatment and end-of-life care. Included in complete plan |
What Your Trust Review Report Covers
Our written review report gives you a complete picture of your trust — where it stands today, and what needs to change. It is written in plain English, not legal jargon.
Your Trust Structure
We summarise the key parties — settlors, trustees, appointors, and beneficiaries — as confirmed by your deed. A useful record in itself.
Problems Found
We identify every issue in your deed — non-compliance with the Trusts Act 2019, missing provisions, outdated clauses, and practical concerns.
Fixed-Price Quotation
Two options are quoted — variation only, or a complete updated estate plan. No surprises. You choose which suits you.
Trust Type Recommendations
We advise on the best trust structure going forward — Family Trust, Defined Interest Trust, Multi-Generational, or Parallel — and explain the differences.
Winding Up — the Real Story
If you have been advised to wind up your trust, we explain whether that is really in your best interests — and the asset protection risks you may be taking on.
Clear Next Steps
The report tells you exactly what to do next. Once you decide, we get started straight away — no further meetings needed to begin.
Trust Issues We Help You Identify and Fix
A trust review often uncovers issues that need attention. These are the most common.
Alter Ego Trusts
If you've retained too much control or benefit, your trust may not provide the protection you think it does. We can restructure it.
Sham Trusts
A trust that was never genuinely intended can be declared a sham. We assess the risk and help you fix it before it's too late.
Trusts & Section 182
Separation or divorce can expose your trust to claims under the Family Proceedings Act. Understand the risks and how to manage them.
Charitable Trusts
If your trust includes charitable provisions, or you want to add them, we can help you structure your giving effectively.
Invalidity of Trusts
Missing one of the "three certainties" can invalidate your trust entirely. We check your trust meets the legal requirements.
Administering Your Trust
Practical guidance for trustees on duties, record-keeping, and Trusts Act 2019 compliance.
When did you last review your trust?
Get a personalised, fixed-price quote online in minutes — or call us on +64 9 415 0099 if you would prefer to talk it through first. There is no obligation.