“Alas, how shall this bloody deed be answer’d?” (Hamlet, Act 4, Scene 1, Line 16)
Thus said King Claudius in Hamlet after learning that Hamlet has killed Pollonius.
When I was at university law school, our lecturer relayed the story of the student who gave a one line answer to an exam question that required the drafting of a trust deed. The student wrote just 4 words and 3 numerals: “Hamlet, Act 4, Scene 1, Line 16.” Full marks were awarded.
The new Trusts Act 2025 (Qld) commenced on 28 April 2026 (replacing the old Act) and modernises trustee powers, codifies trustee duties and changes how trusts are governed in Queensland
The Trusts Act 2025 could apply to any trust connected with Queensland, even if the trust deed does not state it is governed by Queensland law, such as where Queensland is the proper of administration, because, for example:
- the trustee is resident or incorporated in Queensland
- trust administration occurs in Queensland (decision‑making, accounting, banking)
- the trust holds Queensland assets, especially real property
- disputes would naturally be heard in Queensland courts
You cannot contract out of the new standards for trustees of honesty, care, skill and record‑keeping.
If you have a trust with any Queensland connection:
- Assume the Act may apply.
- Review the trust deed for clauses overridden by the Act.
- Confirm trustee eligibility under the new restrictions.
- Strengthen governance that is your records, reporting and decisions.
- Get legal, tax and financial advice to manage risk.
Silence in the trust deed is no longer a shield. For many trusts, the Trusts Act 2025 (Qld) now sets the non‑negotiable rules of the game.
If you want an answer on your trust deed where it has a connection to Queensland then for (possibly a short sharp) answer contact Peter McNamara.