Articles

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


Tags

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

Archive