Trusts Act 2019

Express trusts

17: Application of maximum duration rule to resettlements

You could also call this:

"Time limit for trust property to be distributed when it's moved to a new trust"

Illustration for Trusts Act 2019

When you have property in a trust, called Trust A, and it is transferred to another trust, this section applies. You need to look at section 16(1) to see if it applies to your trust. If it does, there is a time limit for the property to be finally distributed. The property must be finally distributed within 125 years of being settled on Trust A.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS68937.


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16: Maximum duration of trust, or

"A trust can last for a maximum of 125 years, unless it's a special kind of trust."


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Part 2Express trusts

17Application of maximum duration rule to resettlements

  1. This section applies to property that is held on a trust (Trust A) to which section 16(1) applies and is transferred as a part of a resettlement to be held on 1 or more other trusts without first being finally distributed.

    1. The maximum amount of time that may elapse between the property being settled on Trust A and being finally distributed is 125 years.