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


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