Trusts Bill 2025
Plain English Summary
Overview
This bill replaces Queensland's 50-year-old Trusts Act 1973 with a modernised framework for managing trusts. It implements recommendations from the Queensland Law Reform Commission's review, updating trustee powers and duties, strengthening beneficiary protections, and making trust disputes easier and cheaper to resolve through expanded District Court jurisdiction.
Who it affects
Anyone involved in a trust in Queensland is affected — beneficiaries gain clearer rights and stronger protections, trustees receive broader powers but face higher accountability, and charitable trust operators can use a simpler process to change trust purposes.
Key changes
- Trustees now have all the powers of an absolute owner of trust property, but must meet statutory duties of care, honesty and good faith
- Beneficiaries have a right to inspect trust accounts and the court can review and reduce excessive trustee fees
- The capital a trustee can apply for a beneficiary's maintenance or education increases from $2,000 to $100,000, indexed annually to inflation
- Charitable trusts valued within the District Court's monetary limit can apply to the Attorney-General to change their purposes, avoiding expensive Supreme Court proceedings
- The District Court can now hear trust matters within its monetary limit, making disputes cheaper to resolve
- Courts can disqualify trustees who commit serious breaches from acting on any trust
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Introduced18 Feb 2025View Hansard
Vote on a motion
Vote on whether to declare the Trusts Bill 2025 urgent, requiring the Justice, Integrity and Community Safety Committee to report by 7 March 2025 instead of the standard timeframe. The Opposition argued the government was circumventing proper consultation.
The motion was agreed to.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
▸Show individual votesHide individual votes
Ayes (50)
Noes (36)
▸1 procedural vote
Vote to grant leave
Vote on whether to grant leave for the Attorney-General to move a motion without notice to declare the Trusts Bill 2025 urgent and set a truncated committee reporting deadline of 7 March 2025.
Permission was granted.
A vote on whether to grant permission — for example, to introduce an amendment or vary normal procedure.
▸Show individual votesHide individual votes
Ayes (51)
Noes (35)
▸Committee18 Feb 2025View Hansard
Referred to Justice, Integrity and Community Safety Committee
The Justice, Integrity and Community Safety Committee examined the Trusts Bill 2025 under an urgent timeframe, receiving five submissions and holding a public briefing and hearing on 3 March 2025. The Bill replaces the Trusts Act 1973 with modernised trust law, building on the Queensland Law Reform Commission's 2013 review and the lapsed Trusts Bill 2024 from the previous parliament. The committee endorsed the former Housing Committee's report on the 2024 Bill and focused its examination on provisions that had changed. The committee unanimously recommended the Bill be passed, finding it compatible with human rights and fundamental legislative principles.
Key findings (5)
- The Bill modernises and replaces the Trusts Act 1973, informed by the Queensland Law Reform Commission's review completed in December 2013 and the lapsed Trusts Bill 2024.
- The committee endorsed the former Housing, Big Build and Manufacturing Committee's report on the 2024 Bill and limited its examination to provisions that differed from the earlier version.
- Stakeholders raised concerns about clause 22 (replacement of trustees with impaired capacity), particularly the interaction between trustee appointment powers and duties under the Guardianship and Administration Act 2000 and Powers of Attorney Act 1998.
- The Queensland Law Society proposed amendments to clause 44 regarding renunciation of probate and its effect on trusteeship of further trusts established under a will, which the Department of Justice agreed to consider.
- Clauses 212 to 215 on charitable ancillary funds were updated to include regulation-making powers following Queensland Law Society feedback about avoiding unintended consequences for charitable trust status under Commonwealth law.
Recommendations (1)
- The committee recommends that the Bill be passed.
Committee report tabled
▸Second Reading14 Mar 2025View Hansard
▸22 members spoke21 support1 mixed
Supported the bill as a vital safeguard for public trust and the integrity of institutions, noting it brings trust administration into the modern era with clear statutory core duties for trustees.
“This bill is not just a technical adjustment to outdated laws; it is a vital safeguard for public trust and the integrity of our institutions.”— 2025-05-01View Hansard
Supported the bill as important but uncontentious legislation, while criticising the government for treating it as urgent despite it being based on a 12-year-old review, and for the inadequate 2.5-week committee inquiry timeframe.
“It is a piece of legislation that we want to deal with, that we want to get through. I do struggle a little bit with the suggestion and the fact that the committee was required to deal with this as an urgent piece of legislation.”— 2025-04-30View Hansard
Moved the second reading as Attorney-General, explaining the bill modernises the Trusts Act 1973 based on over a decade of consultation and the Queensland Law Reform Commission's recommendations, and responded to stakeholder concerns about specific clauses.
“The Trusts Bill 2025 is an accumulation of more than a decade's worth of work—of consultation—to finally modernise the Trusts Act 1973 and to deliver a framework for the regulation of trusts that fits for the 21st century.”— 2025-03-14View Hansard
Supported the bill as long overdue reform delivering a modern Trusts Act more than 10 years after the QLRC review process began, noting improvements that address stakeholder concerns from the lapsed 2024 bill.
“There is no reason to stand in the way of what some may say are long overdue reforms which are important for all Queenslanders.”— 2025-05-01View Hansard
Strongly supported the bill as important micro-economic reform that modernises and simplifies trust law, criticising the former Labor government for leaving the 2013 Law Reform Commission recommendations unimplemented for over a decade.
“This is really important micro-economic reform. It really matters that this is a bill that is able to be easily understood, that we are doing the work that is needed to make sure we are ever improving the efficiency of every aspect of our economy.”— 2025-04-30View Hansard
Supported the bill on behalf of the opposition, acknowledging its origins in the former Labor government's lapsed Trusts Bill 2024, but criticised the government's use of urgency motions that truncated committee consultation to only three business days.
“The opposition has no intention of standing in the way of sensible legislation. We support the intention of this bill and support these changes being effected. We will not impede progress of legislation for partisan gain.”— 2025-03-14View Hansard
Supported the bill as necessary to modernise trust legislation and strengthen accountability, noting the bill will ensure trusts are administered transparently for the benefit of beneficiaries.
“At a time when public trust is fragile, we need modern trusts law that ensure trusts are administered transparently for the benefit of the beneficiaries of the trust.”— 2025-05-01View Hansard
Acknowledged the bill's importance in modernising trust law but heavily criticised the government for providing only three business days of consultation on a 221-page bill, calling it indefensible and citing stakeholder concerns from STEP and the Queensland Law Society.
“The bill has been over a decade in the making, hence there is no reason to rush now at the last moment. The Queensland Law Society also raised that three days for consultation on a 221-page bill with no detail on what has been changed does not amount to meaningful consultation.”— 2025-04-30View Hansard
As chair of the Justice, Integrity and Community Safety Committee, reported the committee's sole recommendation was that the bill be passed, and praised the bill for modernising outdated trust law provisions.
“The committee made one recommendation—that is, that the bill be passed. The broad support from key stakeholders, legal experts and community representatives underscores the importance and necessity for these reforms.”— 2025-03-14View Hansard
Supported the bill as essential legislation for family and small businesses across her electorate, noting the Crisafulli government is delivering modernised trust law after nearly a decade of Labor inaction.
“Queenslanders who use trusts can have confidence knowing that the Crisafulli government has stepped up where Labor sat on its hands for years.”— 2025-05-01View Hansard
Supported the bill as a significant and long-overdue reform of Queensland's trust law, noting the extensive foundation laid by the Queensland Law Reform Commission and the previous committee inquiry.
“I rise today to speak in support of the Trusts Bill 2025, a piece of legislation that represents a significant and long-overdue reform of Queensland's trust law.”— 2025-04-30View Hansard
Supported the bill as a long overdue modernisation of trust law, noting it builds on the Queensland Law Reform Commission's 2012-13 review and addresses stakeholder concerns while aligning state regulations with Commonwealth laws.
“Trusts play an essential role in the lives of many Queenslanders. They help families protect their assets, support charitable causes and provide security for children of those with impaired decision-making capacity, yet for 50 years the laws governing trusts in our state have remained largely unchanged.”— 2025-03-14View Hansard
Supported the bill as balanced, modern and necessary legislation that ensures Queensland's trust laws provide certainty, clarity and fairness for all stakeholders.
“This bill carefully balances continuity with modernisation. It does not codify all aspects of trusts law but, instead, supplements common law principles with clearer statutory guidance.”— 2025-05-01View Hansard
Supported the bill as a committee member, highlighting reforms to trustee appointment and removal, new minimum statutory duties for trustees, and the bill's response to concerns raised by the Queensland Law Society and Public Trustee.
“The Trusts Bill 2025 takes bold steps forward in modernising trust law in Queensland. It grants trustees broad powers to deal with trust property alongside new minimum statutory duties.”— 2025-03-14View Hansard
Supported the bill but raised detailed questions about the change in terminology from 'bankrupt' to 'insolvent under administration' in clause 2.6, questioning whether there were unintended consequences for persons who had made payments to forestall bankruptcy.
“The questions I want to put are: did the Attorney-General give consideration—we know that it is not a fit and proper person who has made undertakings under the Bankruptcy Act. Were similar undertakings under the Corporations Act, which are to forestall these things, given consideration?”— 2025-05-01View Hansard
Confirmed the opposition would vote to support the bill and attempted to close the debate, arguing further repetitious speeches would diminish the clarity of the Attorney-General's carefully prepared second reading speech for legal interpretation purposes.
“As the shadow attorney has made incredibly clear, the opposition will be voting to support the passing of this bill this evening.”— 2025-03-14View Hansard
Supported the bill as a landmark piece of legislation that modernises Queensland's trust framework, noting the bill addresses the increasing demands for accountability, transparency and fairness in financial dealings.
“This bill is a crucial step in ensuring our legal and financial systems remain robust, transparent and fair, benefiting all Australians.”— 2025-05-01View Hansard
Supported the bill, noting its importance for the 495,000 small and family businesses in Queensland and providing historical context on trust law dating back to King Henry VIII.
“After 10 years of Labor's deferral, dithering and procrastination, it is time for reform of our trust legislation. There generally seems to be an increasing demand for trusts as a lawful and legitimate form of asset protection, succession planning and taxation planning.”— 2025-03-14View Hansard
As Attorney-General, replied to the debate thanking members for bipartisan support, moved an amendment to clause 275 to address the Kable doctrine and preserve court independence, and noted the bill is a once-in-a-generation reform bringing trust law into the 21st century.
“This bill is a once-in-a-generation reform, bringing 18th and 19th century legal concepts into the 21st century with modernised, plain English drafting.”— 2025-05-01View Hansard
Declared a personal interest in a trust and supported the bill, commending the Attorney-General for prioritising the reform and criticising the previous government for failing to pass the lapsed bill during its decade in office.
“It has been more than 50 years since the Trusts Act has been significantly modernised, and that is despite a thorough consultation and comprehensive review back in 2012 when the LNP were last in government.”— 2025-03-14View Hansard
Provided historical context on trusts from medieval Crusades-era origins through to modern commercial use, and explained the bill's modernisation of outdated provisions including the rule against perpetuities and trustees' core duties.
“To think that something of such magnitude and something of such importance to the undertakings of commerce in this state has been dismissed by those on the other side, with one speech of less than 10 minutes, shows their lack of care and consideration in relation to how things are meant to work.”— 2025-03-14View Hansard
Supported the bill and shared that constituents from all walks of life in his electorate have trusts and are beneficiaries of trusts, underscoring the importance of modernising the legislation.
“I was amazed and surprised to find out that there are people from all walks of life who have trusts and are beneficiaries of trusts. It encouraged me to understand that this piece of legislation that seemed, for me—a first-time MP who has not had very long in this place—almost innocuous can be very important to so many members of our community.”— 2025-03-14View Hansard
▸In Detail14 Mar 2025 – 1 May 2025View Hansard
Amendment to clause 275 replacing the provision that existing court orders refusing leave would cease to have effect, with a new provision allowing claimants to apply to the court to have such orders set aside, preserving the discretion and independence of the court (addressing the Kable doctrine).
▸1 procedural vote
Vote on whether a member could speak
The member was not allowed to speak.
A vote on whether a specific member should be allowed to continue speaking.
▸Show individual votesHide individual votes
Ayes (31)
Noes (50)
Referenced Entities
Legislation
Organisations
Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards