You're a beneficiary. What are you allowed to see?
Since 2021 the default answer changed from 'whatever the trustees feel like' to a legal presumption in your favour. Here's how to use it.
The presumptions in your favour
The Trusts Act 2019 (ss 51–55) presumes trustees will give every beneficiary the 'basic trust information': that they're a beneficiary, who the trustees are and how to contact them, and their right to request further information. It further presumes trustees will provide requested trust information within a reasonable time. Trustees can only depart after genuinely weighing the statutory factors — and should be able to show they did.
What you can ask for
The deed and variations, details of trust property and your interest, trustee contact details, and other documents connected to the trust's administration. What you can't demand: trustees' reasons for their discretionary decisions — the Act protects deliberations, not existence and administration.
When trustees can say no
Section 49's factors include commercial confidentiality, personal or family sensitivities, the settlor's wishes, the practicality of disclosure, and the nature of your interest. A blanket 'the settlor wanted privacy' doesn't survive on its own — it's one factor among many, weighed, not decisive.
Asking in a way that works
Write to the trustees: identify yourself, state you understand you're a beneficiary, request the basic trust information and the specific documents you want, and give a reasonable timeframe. If silence follows, the High Court can order disclosure — but most trustees comply when the letter shows you know the sections.
A trust question of your own?
Trustee duties, beneficiary rights, disclosure, winding up — ask in plain words, get an answer with the Trusts Act sections to prove it, plus draft letters. First question free.
Ask NZ Trust Answers →FAQ
I think I'm in my parents' trust. Can they just not tell me?
The starting presumption is that you're told. Trustees may withhold only after properly weighing the statutory factors — permanent secrecy is hard to justify for an adult beneficiary.
Can I see what other beneficiaries received?
Sometimes — distribution records are trust documents, but family sensitivity is a legitimate withholding factor. Expect a balancing exercise rather than an automatic yes.
What should my request letter say?
Give your situation to NZ Trust Answers — you'll get your entitlements with sections cited and a ready-to-send request letter. First question free.
General information, not legal advice for your specific situation.
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