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

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

Archive