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


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