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

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

Archive