Trust Law Changes in Queensland Effective 1 August 2025

Exciting Updates to Queensland Trust Law

Queensland is set to modernise its trust law with the introduction of the Trusts Act 2025 (Qld), effective from 1 August 2025. These changes bring a fresh approach to trust management, offering greater flexibility and clarity for trustees and beneficiaries.

Here’s what you need to know:

 1. Extended Perpetuity Period

• The perpetuity period for discretionary trusts will increase from 80 years to 125 years.
• Existing trusts can opt into this extended period, providing new opportunities for long-term planning.

 2. Enhanced Trustee Powers

• Trustees will have broader powers to manage trust property in ways that benefit beneficiaries.
• Courts will also have more flexibility to approve transactions that are advantageous for the trust.

 3. Duty on Trust Transactions

• The Duties Act 2001 (Qld) will continue to apply to the creation, termination, and acquisition of trusts involving dutiable property.
• Trustees and beneficiaries should remain aware of these obligations when dealing with trust-related transactions.

 4. Modernised Legal Framework

• The Trusts Act 2025 (Qld) replaces the Trusts Act 1973 (Qld), introducing updated provisions for appointing agents, protecting purchasers, and managing trustee receipts.

What Does This Mean for You?

• Review your trust deeds to assess whether opting into the new perpetuity period is beneficial.
• Familiarise yourself with the updated provisions to ensure compliance with the new legal framework.
• Seek professional advice to understand how these changes may impact your trust arrangements.

These reforms position Queensland as a leader in modern trust law, balancing flexibility with accountability. Stay informed and take advantage of the opportunities these changes present.

For further guidance and to ensure compliance with the legal obligations, please do not hesitate to contact us on 07 4417 4417 or jarrad@mobbsmarr.com.au for advice specific to your circumstances.