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

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

Archive