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


Principal Section 182 Family Proceedings Act 1980 Vessel Sale and Purchase Litigation Financial services provider (FSP) Ship's Mortgage Lump sum Marriage Ship Registration Violence Partner of resident Fair Trading Act 1986 Claims against estates Skilled migrant points Sale of Goods Undue influence Gifting Amundson v Raos Companies Act 1993 Credit Contracts and Consumer Finance Act 2003 (CCCFA) Vessel surveyor Family Protection Act 1955 Tenants Trustee Duties Residential Lease Titles Interest Interpretation Act 1999 Section 29 Ministry Frustration Abuse Wilson v Donnellan Part payment Acknowledgment Wills Act 2007 Section 14 Protector Twelve years Resident Visa Personal Properties and Securities Act 1999 Will that do Re Estate of Feron Economic disadvantage Testamentary Promises Repayment Property (Relationships) Act 1976 Physical abuse Intellectual Property Creating Trusts Duress Tamarapa v Byerley Immigration Wills Act 2007 Section 8 Deceased's wishes Document Disclosure Zero Hour Contracts Limitation Act 2010 ''Best Endeavours'' Albany Office Will Limitation Act 1950 Relationship Property Temper Trusts Shareholders' Agreement Charity Case Study Company Law Executors duty Terms of Trade SN v MN [2017] NZCA 289 Protection Order WINZ Civil union White v White Testamentary writing De facto Section 15A Property Consumer credit contracts Limitation defence Employment Seperation Six years Auckland Office Partnership based work visa Ministry of Social Development Re Estate of Campbell Immigration New Zealand Gifts Asset Protection Financial products Limitation period Trust Check Up Domestic violence Erceg v Erceg Ilott v Mitson 2017 UKSC 17 Hawkes Bay Trustee Company Limited v Judd Wills Act 2007 Section 11 Rest Home Subsidies Invalid wills Mortgagor Commercial Law Maritime Law Testamentary capacity Family Trusts Visa application Validity of Wills Income Lease Blackwell v Hollings Commercial Constructive trusts Anti-money laundering (AML) Subsidies Division of Functions Trusts Bill Broadbent v Ministry of Social Development Resident Mortgagee SMC Trust Confidentiality Wills Due Diligence Commercial Property Estate Administration Mortgage Testamentary freedom Pattern of offending Wills Act 2007 Interpretation Act 1999 Break up Work and Income Recovery of money Interpretation of documents Murrell v Hamilton Lankow v Rose Ship Reckless Trading Contract Law Grey Power Privacy Act 1993 Administrators duty Financial Advisers Act 2008 Elder Law Insurance Landlord Charities Personal Beneficiary Rights Charity begins at home Loss of income Acknowledgment of Debt Trust busting Business Changes Psychological abuse Compensation Clayton case Directors' Duties Health and Safety Reform Bill Financial services Character requirements Financial Markets Conduct Act 2013 (FMCA) Offending Body Corporate Maritime Lien Domestic Violence Act 1995 Fair share KiwiSaver Expression of interest Section 15 Living standards Valid wills Unfair contract terms Eviction Vessel survey Tenant Skilled migrant Legislation update Verbal abuse Contract and Commercial Law Act 2017