Key takeaways
Queensland’s Trusts Act 2025 modernises key obligations, including updating trustee duties, expanding powers and strengthening reporting and beneficiary protections across all trusts.
Every family trust is affected, requiring a review of trust deeds, governance arrangements and trustee appointments to ensure alignment with the new rules.
Stronger compliance expectations now apply with trustees needing to enhance documentation, transparency and record‑keeping, and seek advice where needed to remain compliant.
The commencement of the Trusts Act 2025 (Qld) represents a major shift in how trusts are regulated in Queensland. After five decades under the Trusts Act 1973 (Qld), the new legislation has now commenced as of 28 April 2026, and introduces clearer rules, modernised trustee powers and stronger safeguards for beneficiaries, drawing heavily on the Queensland Law Reform Commission’s recommendations.
The reforms apply to all Queensland trusts, regardless of when they were established, making it essential for families with a trust to understand how these changes may affect their structure, administration and compliance obligations.
What has changed?
The Trusts Act 2025 (Qld) modernises trust law in Queensland, aiming to simplify trust administration, clarify trustee duties, and improve protections for beneficiaries. The Act introduces clearer guidelines on trustee powers, reporting requirements, and dispute resolution procedures.
- Trustee duties and powers: The Act clarifies the standard of care required of trustees, introduces more flexible investment powers, and streamlines the process for trustee appointments and resignations. Importantly, trustees now have “all the powers of an absolute owner” subject to fiduciary duties and the trust instrument.
- Disclosure and reporting: Trustees are now required to provide beneficiaries with regular updates on trust activities and accounts, increasing transparency.
- Dispute resolution: The Act introduces new mechanisms for resolving disputes between trustees and beneficiaries, aiming to reduce reliance on lengthy court proceedings.
- Variation of trusts: There is greater scope for trustees to vary trust terms in response to changing family circumstances, subject to safeguards to protect beneficiaries’ interests.
- Protections for vulnerable beneficiaries: Additional measures are in place to safeguard the rights of minors and vulnerable individuals who may be beneficiaries of a family trust.
Implications for people with a family trust
If you have a family trust in Queensland, these legislative changes may affect how your trust is managed and how you comply with the law. If you haven’t already, it’s essential to review your trust deed to ensure it aligns with the new requirements and to assess whether your current trustee appointments remain appropriate under the updated regime.
The increased compliance obligations mean trustees will have to dedicate more attention to reporting, documentation, and transparency. In some cases, this may require the adoption of new systems or seeking professional advice to ensure all aspects of the trust are handled according to the law.
The next steps: Safeguarding your family trust
It is important to be proactive and consult with your accountant, trustee company, or legal advisor to discuss how these reforms might impact your family trust. This may involve:
Reviewing and potentially updating your trust deed
Evaluating current trustee appointments and beneficiary arrangements
Ensuring record-keeping and reporting practices meet the new standards
Seeking advice on any structural changes or disputes within the trust
A well‑managed family trust will continue to offer flexibility and protection, but the introduction of the Trusts Act 2025 (Qld) means trustees and families must now operate within a more contemporary and transparent regulatory framework. Understanding the reforms—and taking steps to review deeds, governance arrangements and compliance processes, will help ensure your trust remains robust, effective and aligned with the new legislative expectations. As Queensland moves into this updated era of trust law, proactive engagement and informed advice will be key to safeguarding your family’s long‑term interests.
Recent reforms in Queensland compared with Western Australia
Unlike Queensland’s recent reforms, Western Australia has not introduced equivalent changes. Trusts in Western Australia continue to be governed predominantly by the Trustees Act 1962 (WA) and general law principles, meaning trustees operate under a more traditional framework. This distinction is particularly relevant for individuals and families with trust structures across jurisdictions.