If you’re setting up a trust, drafting a will, or need an executor for an estate, one of the first decisions is who handles it: Public Trust, or a private trust lawyer. Both are legitimate options, but they work quite differently — here’s how to think about the choice.

What Is Public Trust?

Public Trust is a Crown entity, established under the Public Trust Act 2001, that has provided trustee, will-writing, and estate administration services in New Zealand for well over a century. As a government-associated organisation, it’s a familiar, widely recognised option, particularly for people who want a large, established institution handling their affairs.

What Is a Private Trust Lawyer?

A private trust lawyer (or law firm) provides the same core services — will drafting, trust formation, and estate administration — but as an independent legal practice rather than a Crown entity. This generally means more direct access to the specific lawyer handling your matter, and more flexibility in how services are structured around your situation.

Key Differences

• Personalisation — a private lawyer typically works with you directly and consistently, while Public Trust, as a larger institution, may involve different staff over time
• Complexity handling — for straightforward wills and estates, either option can work well; for more complex situations (business succession, international assets, blended families, high-value trusts), specialist private legal advice often provides more tailored strategy
• Cost structure — fee structures differ between the two and are worth comparing directly for your specific situation rather than assuming one is categorically cheaper
• Ongoing relationship — a private lawyer can often advise across related matters (immigration, business structuring, family provision disputes) as part of one ongoing relationship, rather than a single transactional service

Which Is Right for You?

For simple, low-complexity wills and standard trustee services, Public Trust is a well-established and widely used option. For families with more complex estates — significant assets, business interests, cross-border considerations, or blended family dynamics — working with a private trust lawyer who can take a coordinated, strategic view often better serves the underlying goals, not just the paperwork.

How Agile Legal Fits In

We provide private trust and estate planning services as part of our services for high-net-worth families, including trust structuring, succession planning, and coordination with immigration and family office matters where relevant. If you’re also weighing up whether to handle a will change yourself, see our guide on changing a will without a lawyer.

Book a consultation to discuss whether a private trust lawyer is the right fit for your situation.

This article provides general information only and does not constitute legal advice. Speak with a lawyer about your specific circumstances.