Queensland’s trust laws are about to undergo their most significant update in more than 50 years, with the Trusts Act 2025 (Qld) expected to start on 28 April 2026, replacing the state’s long‑standing Trusts Act 1973 (Qld).
The Attorney‑General has indicated her intention to recommend the proclamation of that date, triggering the formal switch to a new legislative framework.
The change simplifies and modernises the legislation to better facilitate modern trust usage. The rollout will be supported by a forthcoming Trusts Regulation 2026, which is being finalised to provide the operational detail needed for the new Act to function smoothly.
Why the reforms matter
The Trusts Act 2025 introduces updates aimed at simplifying, modernising and streamlining trusts and addressing gaps in the 1973 Act. The changes adopt modern drafting standards and reflect contemporary trust practices, moving away from provisions that had become outdated.
Although the Act was passed on 1 May 2025 and received royal assent later that month, commencement was delayed until a suitable proclamation date could be set. The 2026 start date ensures practitioners have time to prepare for the transition.
Key changes for trustees and beneficiaries
Powers of trustees
One of the most significant reforms is that trustees will now have “all the powers of an absolute owner” when dealing with trust property, subject to fiduciary duties and the trust instrument.
This marks a major shift from the more restrictive powers under the 1973 Act and aligns Queensland with modern trust‑law standards.
Clearer duties
For the first time, trustees’ core duties appear explicitly in legislation, which is intended to reduce ambiguity and strengthen accountability. These include duties to:
- act honestly and in good faith
- exercise care, diligence and skill in administering trusts
- keep accurate accounts and other records and provide access upon request.
These duties are considered to be the minimum duties that apply to trustees generally, and are not intended to be an exhaustive list of duties.
New eligibility rules for trustees
The Act introduces explicit restrictions on who can be appointed as a trustee. Children, individuals who are insolvent under administration, corporations that are Chapter 5 body corporates, and persons disqualified by court order cannot be appointed as trustees, subject to limited exceptions. These requirements tighten governance and reduce risk for beneficiaries.
Streamlined replacement mechanisms
Replacing trustees will become simpler. The new Act provides clearer pathways for replacing a trustee who, for example, has impaired capacity, becomes insolvent under administration, or dies. The Act also grants personal representatives expanded authority to replace the last continuing trustee without court involvement.
Greater transparency for beneficiaries
Beneficiaries will now have legislated access to the accounts for the trust. The Act explicitly requires trustees to make the accounts available for inspection by a beneficiary and provide copies on payment of the trustee’s reasonable costs.
What happens next
The proclamation of 28 April 2026 will trigger full commencement of the Trusts Act 2025 and repeal of the 1973 Act.
Lawyers and advisers are urged to:
- review and update existing trust deeds
- revise precedents and internal templates
- brief clients on how the changes may affect their trust structures
The Act represents an important step forward for estate planning, trust administration and fiduciary practice across Queensland.
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