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

Are You Entitled To Value From Your (Soon-to-Be) Ex-Spouse's or Ex-Partner's Trust?

Monday, March 13, 2017

What happens if your relationship ends and your spouse/partner has previously settled property in a trust?  If the trust is valid, and there have been no dispositions to which the Property (Relationships) Act 1976 applies, there are two ways you may make a claim against that property. Read more

Effective Trust Management and Asset Protection

Tuesday, July 15, 2014

"Trust busting" is the term given to an attempt made to penetrate a Trust structure and have assets held by the Trust declared by the Courts to be owned personally by an individual. The implication of Trust assets being found to be owned personally is that these assets then become part of an individual's net worth and are an available "property pool" to former spouses/partners or creditors with valid claims against the individual.  Read more

Doing Business in New Zealand - A Guide

Thursday, April 18, 2013
CONTENTS Read more

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