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Trustee Declaration Form for New Zealand

Trustee Declaration Form Template for New Zealand

A Trustee Declaration Form is a formal legal document used in New Zealand that captures a trustee's acknowledgment and acceptance of their duties, responsibilities, and obligations under the Trusts Act 2019 and related legislation. The document serves as evidence of the trustee's understanding of their role and includes declarations regarding their eligibility, mandatory and default duties, conflicts of interest, and commitment to act in accordance with trust law. It forms a crucial part of trust documentation and governance, providing protection for all parties involved in the trust arrangement while ensuring compliance with New Zealand's trust law framework.

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What is a Trustee Declaration Form?

The Trustee Declaration Form is a fundamental document required when establishing or updating trust arrangements in New Zealand. It is used whenever a new trustee is appointed or when existing trustees need to reaffirm their commitments following significant changes in trust law, such as the implementation of the Trusts Act 2019. The form captures essential declarations regarding the trustee's eligibility, understanding of duties, and acknowledgment of responsibilities. It serves multiple purposes: providing evidence of the trustee's informed consent to act, documenting their understanding of obligations, and creating a record of their commitment to comply with trust law requirements. This document is particularly important in the New Zealand context, where trust law has undergone significant modernization and trustees face increased accountability and transparency requirements.

What sections should be included in a Trustee Declaration Form?

1. Trustee Details: Full legal name, contact information, and identification details of the trustee making the declaration

2. Trust Information: Name of the trust, date of establishment, and type of trust

3. Declaration of Eligibility: Trustee's confirmation of their eligibility to act as trustee (e.g., being over 18, not bankrupt, not convicted of dishonesty crimes)

4. Acknowledgment of Mandatory Duties: Explicit acknowledgment of the mandatory duties under Section 23 of the Trusts Act 2019, including duty to act honestly, in good faith, and for benefit of beneficiaries

5. Acknowledgment of Default Duties: Recognition of default duties under the Trusts Act 2019, unless modified by trust deed

6. Conflict of Interest Declaration: Declaration regarding any existing or potential conflicts of interest

7. Privacy and Information Obligations: Acknowledgment of obligations regarding trust information and beneficiary privacy

8. Execution: Signature block, witness details, and date of declaration

What sections are optional to include in a Trustee Declaration Form?

1. Special Trust Powers: Additional powers granted to the trustee beyond statutory powers, used when trust deed provides specific additional authorities

2. Co-Trustee Arrangements: Details of cooperation with other trustees, needed when multiple trustees are appointed

3. Professional Trustee Declarations: Additional declarations for professional trustees regarding qualifications and insurance

4. Foreign Trust Declarations: Additional declarations required for foreign trusts under NZ tax law

5. Investment Guidelines Acknowledgment: Specific acknowledgment of investment parameters, used for trusts with substantial investment activities

What schedules should be included in a Trustee Declaration Form?

1. Schedule 1 - Mandatory Duties: Detailed list of mandatory duties under the Trusts Act 2019

2. Schedule 2 - Default Duties: Detailed list of default duties under the Trusts Act 2019

3. Schedule 3 - Trust Deed Extract: Relevant excerpts from the trust deed relating to trustee powers and duties

4. Appendix A - ID Verification: Certified copies of identification documents and address verification

5. Appendix B - Eligibility Evidence: Supporting documentation confirming trustee eligibility (if required)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Ƶ

Document Type

Declaration Form

Cost

Free to use
Relevant legal definitions

























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Relevant Industries

Legal Services

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Trustee

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