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A Public Trust Clearance is an official approval needed in New Zealand when selling property that's held in trust or involves a deceased person's estate. The Public Trust, as a Crown entity, reviews these transactions to protect beneficiaries' interests and ensure everything follows proper legal procedures.

Property deals can't be finalized without this clearance if the Public Trust has any involvement in the estate or trust. Local lawyers and real estate professionals work closely with the Public Trust office to secure this document, which helps prevent disputes and maintains the integrity of trust and estate transactions in Aotearoa.

You need a Public Trust Clearance when selling property that involves a deceased person's estate or a trust where the Public Trust has any legal interest. This often comes up during property settlements after someone passes away, or when beneficiaries want to sell trust-held assets in New Zealand.

Getting this clearance early helps avoid costly delays in property transactions. Real estate agents and lawyers typically request it as soon as they list a property with Public Trust involvement. This step becomes crucial for protecting all parties' interests and ensuring the sale can proceed smoothly through settlement.

• Standard Property Sale Clearance: Required for straightforward property sales where the Public Trust has oversight of an estate
• Trust Asset Clearance: Used when selling assets held within a trust administered by the Public Trust
• Estate Distribution Clearance: Needed before distributing estate assets to beneficiaries
• Partial Interest Clearance: Applies when the Public Trust holds only a portion of interest in the property
• Urgent Transaction Clearance: Expedited version for time-sensitive property deals, requiring additional documentation

• Public Trust Officers: Review and issue clearances for property transactions involving estates or trusts they oversee
• Estate Lawyers: Request and manage clearances on behalf of clients, ensuring legal compliance during property sales
• Real Estate Agents: Coordinate with the Public Trust to obtain clearances before finalizing property transactions
• Beneficiaries: Parties who stand to inherit from the estate and whose interests are protected by the clearance process
• Property Buyers: Require confirmation that the Public Trust approves the sale before proceeding with purchase

• Property Details: Gather complete property title information, including current ownership records and any trust arrangements
• Estate Documentation: Collect death certificate, will, and letters of administration if dealing with a deceased estate
• Trust Records: Compile trust deed, trustee details, and any relevant amendments or variations
• Sale Agreement: Have the signed sale and purchase agreement ready for review
• Identity Verification: Prepare certified ID copies for all parties involved in the transaction
• Application Form: Complete the Public Trust clearance application with all supporting documents attached

• Property Identification: Full legal description and title reference of the property involved
• Trust Details: Complete information about the trust or estate, including reference numbers
• Party Information: Names and roles of all involved parties, including trustees and beneficiaries
• Transaction Details: Specific details of the proposed sale or transfer being cleared
• Authorization Statement: Explicit confirmation of Public Trust's approval for the transaction
• Official Signatures: Authorized Public Trust officer's signature and official seal
• Date and Reference: Issue date and unique clearance reference number

A Public Trust Clearance differs significantly from a Trust Deed, though they're often mentioned together in property transactions. While both documents relate to trust administration, they serve distinct purposes in New Zealand's legal framework.

• Timing and Duration: A Trust Deed is a founding document that establishes and governs a trust long-term, while a Public Trust Clearance is a one-time approval for a specific transaction
• Legal Function: Trust Deeds outline trustee powers, beneficiary rights, and trust operations; Public Trust Clearances simply authorize particular property dealings
• Required Parties: Trust Deeds need settlors, trustees, and beneficiaries as signatories; Public Trust Clearances only require Public Trust officer authorization
• Scope of Authority: Trust Deeds establish comprehensive trust management rules; Clearances focus solely on approving specific property transactions