Queensland Trusts Can Now Last 125 Years: What You Need to Know

From 1 August 2025, new trusts established under Queensland law will be able to run for up to 125 years, thanks to reforms introduced under the Property Law Act 2023 (Qld).

This change marks a significant shift in estate and asset planning, extending the previous 80-year limit and offering greater flexibility for families, businesses, and succession strategies.

 

What’s Changed?

The new legislation updates the maximum perpetuity period the legal lifespan of a trustfrom 80 years to 125 years. This applies to:

• New trusts created on or after 1 August 2025
• Existing trusts, if the trust deed allows for variation and the trustee opts to extend the vesting date.  We are also obtaining advice as to whether the changes can apply to Self-Managed Superfunds.

The reform brings Queensland in line with modern asset protection practices and supports longer-term planning across generations.

 

Which Trusts Are Affected?

The extended lifespan applies to all types of trusts governed by Queensland law, including:

• Family discretionary trusts
• Unit trusts
• Testamentary trusts

To qualify, the trust must have a connection to Queensland such as a Queensland-based trustee, assets, or beneficiaries.

 

What Should Trustees Consider?

If you’re a trustee, here are key actions to take:

• Review your trust deed: Check whether it includes a vesting date and whether that date can be amended.
• Assess variation powers: Some deeds allow changes to the vesting period; others may require court approval or beneficiary consent.
• Consider tax implications: Extending a trust’s life may trigger stamp duty or tax consequences, especially for older or complex structures.
• Plan ahead: If your trust is nearing its vesting date, now is the time to seek advice.

 

Why It Matters

A longer trust lifespan means:

• Greater flexibility in intergenerational wealth planning.
• More time to manage testamentary trusts and inheritances.
• Enhanced opportunities for tax planning and asset protection.

For families and businesses looking to preserve wealth across generations, this reform is a welcome development.

 

How Macro Group Can Help

We work with trustees and business owners to navigate trust structures. Whether you’re setting up a new trust or reviewing an existing one, we can help you understand your options and get legal advice regarding the terms of your trusts.

The 125-year trust reform is now law, but it’s not automatic. Trustees need to act to take advantage of the change, especially for existing trusts.

If you’d like to explore how this impacts your trust or estate planning, reach out to the Macro team. We’re here to help.

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Date: 16/09/2025
 
The Macro Group Limited AFSL:485843 Tax Agent Number 24 76 5236.

The information in this article  contains general information only. We have not taken into consideration any of your personal objectives, financial situation or needs. Before taking any action, you should consider whether the general advice contained in this communication is appropriate to you having regard to your circumstances and needs, and seek appropriate professional advice if you think you need it. We recommend that you consult a licensed or authorised financial adviser if you require financial advice that takes into account your personal circumstances.