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Estate planning comparisons

Side-by-side guides comparing common New Zealand estate planning options. Each comparison covers what each tool does, what it costs, when it fits, and where each option falls short.

Family Trust vs Will

A will and a family trust solve different problems. A will directs assets you own at the date of death. A trust holds assets during your lifetime, with the trust property passing under the trust deed, not the will. Most New Zealand families need a will; only some need a trust as well.

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Enduring Power of Attorney vs Welfare Guardian

An enduring power of attorney (EPA) is a document you sign while you still have capacity, appointing someone to act for you if you later lose capacity. A welfare guardian is appointed by the Family Court if you have already lost capacity and no EPA is in place — or if the existing EPA cannot operate. Both sit under the Protection of Personal and Property Rights Act 1988.

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Discretionary Trust vs Fixed Trust

A discretionary trust gives the trustees a power to choose, between the named beneficiaries, who gets what and when. A fixed trust specifies in advance who gets what share. Most New Zealand family trusts are discretionary, because the flexibility is the point. Fixed trusts are more common where beneficiaries' shares are deliberately locked in.

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