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

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

Archive