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

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

Archive