• YOUR FAMILY TRUST

    You have asked us to form a family trust for you. To do so, we need to ask you a series of questions. Before you start filling our questionnaire, you may need the following information/documents: full contact details of your Trustees and Beneficiaries; including their address, email, occupation and phone numbers. For Beneficiaries we also need their date of birth. We recommend you grab a cuppa as it may take 30 minutes to complete, however you can save this document as a draft at any time.
  • A) NAME OF TRUST

    Please advise the name for your Family Trust
  • B) SETTLOR DETAILS

    The person(s) who creates a trust is known as the "settlor(s)". A settlor can be any person 18 years of age or older and of sound mind who has the requisite legal capacity. The settlors are usually the current legal owners of a property and are often also Trustees and Beneficiaries.
  • Settlor 1 Date of Birth:
     - -
  •  -
  • Settlor 2 Date of Birth:
     - -
  •  -
  • Does Settlor 1 or Settlor 2 have any special needs, for example, blindness or an insufficient command of English?
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  • C) OTHER NAMES

    Please advise us of all other names you are known by, especially if land or other assets are recorded under those different names.
  • Are you known by any other name?
  • D) MARITAL STATUS

  • What is your present marital status?
  • E) CHILDREN

  • Do you have any children?
  • Do any of your children have a parent who is different to your current spouse/partner?
  • Are any of your children adopted or are your step-children?
  • Are any of your children under a disability that requires special consideration of their future support?
  • Do you have a relationship property agreement with your current spouse/partner?
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  • F) WILL

  • Does Settlor 1 have an existing will?
  • If yes, please provide details of the law firm and lawyer holding Settlor 1's will below:

  •  -
  • Does Settlor 1's will cover all of their worldwide assets or only those in New Zealand?
  • When was Settlor 1's will done:
     - -
  • Do you hold an original of Settlor 1's will?
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  • Does Settlor 2 have an existing will?
  • If yes, please provide details of the law firm and lawyer holding Settlor 2's will below:

  •  -
  • Does Settlor 2's will cover all of their worldwide assets or only those in New Zealand?
  • When was Settlor 2's will done:
     - -
  • Do you hold an original of Settlor 2's will?
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  • G) APPOINTMENT OF TRUSTEES.

    Trustees legally own property held in a family Trust. A Trust normally has two or more Trustees. They should be people whom the Settlor(s) is confident will manage the trust prudently. The Settlor(s) can choose to be a Trustee of their own trust. Usually husband and wife Settlors are also Trustees.
  • Trustee 1 Date of Birth:
     - -
  •  -
  • Trustee 2 Date of Birth:
     - -
  •  -
  • Trustee 3 Date of Birth:
     - -
  •  -
  • H) PROFESSIONAL TRUSTEE

    In some instances you may wish to have a professional trustee or advisor trustee appointed such as an accountant or lawyer.
  • Do you wish to have a professional trustee or advisor trustee?
  • If yes, please provide their details below:

  •  -
  • I) LIST OF ASSETS

  • Do any of these properties have a mortgage?
  • Do you want all/any of these properties transferred into the Trust?
  • Do you own any assets overseas?
  • Do you have an overseas lawyer and/or will?
  • Do you have a life insurance/policy?
  • KIWISAVER/SUPERANNUATION. Do you have Kiwisaver/superannuation funds?
  • J) FINANCIAL OBLIGATIONS AND DEBTS

  • K) MAORI LAND

  • Do you have any interests in Maori land, Maori incorporation shares, any leasehold interests in a registered lease over Maori land and money held by the Maori Trustee derived from Maori land?
  • L) BENEFICIARIES

    Beneficiaries are people for whose benefit the trust has been established. Husband and wives usually have themselves and their children as the Beneficiaries. Settlors are usually Trustees and Beneficiaries. If you wish to appoint others or a charity, please let us know. Please advise each Beneficiaries details below.
  • Beneficiary 1 Date of Birth:
     - -
  •  -
  • Beneficiary 2 Date of Birth:
     - -
  •  -
  • Beneficiary 3 Date of Birth:
     - -
  •  -
  • Beneficiary 4 Date of Birth:
     - -
  •  -
  • Beneficiary 5 Date of Birth:
     - -
  •  -
  • M) COMPANIES

  • Is the Settlor(s) a Director of a company?
  • Is the Settlor(s) a shareholder of any of these companies?
  • Is there a shareholder agreement?
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  • Does the company have any assets?
  • Does any of your companies own property?
  • Does the company have or given a lease on any property?
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  • Does the company have any debtors?
  • Does the company have any creditors?
  • Does the company have any other liabilities?
  • Is the company a franchise?
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  • N) OTHER FAMILY TRUSTS

  • Do you have any other Family Trusts?
  • If yes, are you a Trustee or Settlor of this Family Trust?
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  • Is there a Settlor's Memorandum of Wishes for these other Trusts?
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  • Do these other Trusts own property?
  • Does the Trust have any business income?
  • Is the Family Trust a Trading Trust?
  • Is it registered for GST?
  • If you are a Trustee, do you have a power of appointment in the Trust Deed to appoint another Trustee through your will?
  • O) ENDURING POWERS OF ATTORNEYS

  • Does Settlor 1 have existing Enduring Powers of Attorney?
  • If yes, please provide details of the law firm holding Settlor 1's Enduring Powers of Attorney below:

  •  -
  • When was Settlor 1's EPAs done:
     - -
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  • Does Settlor 2 have existing Enduring Powers of Attorney?
  • If yes, please provide details of the law firm holding Settlor 2's Enduring Powers of Attorney below:

  •  -
  • When was Settlor 2's EPAs done:
     - -
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  • If NO, would you like us to prepare your Enduring Powers of Attorney?
  • Should be Empty: