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


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