The New Draft Trusts Bill and its Suggested Disclosure Rules - How Could This Affect You?

Thursday, March 16, 2017

A new Trusts Bill has recently been released for public consultation.  This bill updates and changes various aspects of trust law.  One interesting proposed change is the rights beneficiaries have to trust information.  The most recent judicial case involving beneficiaries and trust information is Erceg v Erceg [2017] NZSC 28.  The Supreme Court did not find that there was a presumption for or against disclosure of trust documents, but that there is an "expectation that basic trust information will be disclosed to a close beneficiary who wants it".  The Supreme Court's analysis did differ from the lower Courts.  The Supreme Court listed certain factors to take into consideration when courts receive a request for disclosure.  They are: Read more

Recent Posts


Economic disadvantage Personal Properties and Securities Act 1999 Undue influence Wills Auckland Office Administrators duty Eviction Deceased's wishes Contract and Commercial Law Act 2017 Division of Functions Testamentary freedom Civil union Shareholders' Agreement Lease Executors duty Testamentary capacity Albany Office Wills Act 2007 Section 11 Lankow v Rose Legislation update Interpretation of documents Tenant Immigration New Zealand Anti-money laundering (AML) Family Protection Act 1955 Erceg v Erceg Ilott v Mitson 2017 UKSC 17 Section 15A Financial services provider (FSP) Charity begins at home Re Estate of Feron Litigation Financial products Loss of income Charities Property Tamarapa v Byerley Property (Relationships) Act 1976 Seperation Break up Directors' Duties Will that do Beneficiary Rights Reckless Trading Wilson v Donnellan Body Corporate Conract Law Skilled migrant points Company Law Income WINZ Sale of Goods Skilled migrant Personal Section 182 Family Proceedings Act 1980 Employment Relationship Property Consumer credit contracts Zero Hour Contracts Trust Confidentiality Will Fair share Section 15 Resident Grey Power Murrell v Hamilton Commercial Due Diligence Terms of Trade Charity Asset Protection Expression of interest De facto Gifts Ministry Duress Intellectual Property Broadbent v Ministry of Social Development Testamentary Promises SMC Commercial Law Trustee Duties Landlord Companies Act 1993 Residential Estate Administration Lump sum Trusts Ministry of Social Development Fair Trading Act 1986 Case Study Wills Act 2007 Section 8 Subsidies Living standards Trusts Bill Tenants Changes Wills Act 2007 Section 14 Invalid wills Interpretation Act 1999 Section 29 Elder Law Financial Advisers Act 2008 Validity of Wills Constructive trusts Wills Act 2007 White v White Gifting Business Trust Check Up Visa application Testamentary writing Family Trusts Marriage Financial services Rest Home Subsidies Credit Contracts and Consumer Finance Act 2003 (CCCFA) Clayton case Claims against estates Creating Trusts Work and Income Privacy Act 1993 Financial Markets Conduct Act 2013 (FMCA) Compensation KiwiSaver Valid wills Commercial Property Lease Titles Immigration Interpretation Act 1999 Hawkes Bay Trustee Company Limited v Judd Document Disclosure Blackwell v Hollings Amundson v Raos Trust busting Re Estate of Campbell Health and Safety Reform Bill Unfair contract terms