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

Domestic Violence Act 1995 Directors' Duties Violence Pattern of offending Trusts Character requirements Broadbent v Ministry of Social Development Testamentary Promises Abuse Valid wills Partnership based work visa Ilott v Mitson 2017 UKSC 17 Personal Trust Confidentiality Health and Safety Reform Bill Limitation defence Trusts Bill Six years Auckland Office Financial services Creating Trusts Skilled migrant Resident Consumer credit contracts Loss of income Expression of interest Wills WINZ Work and Income Verbal abuse Trust busting Temper Repayment Litigation Relationship Property Family Trusts Elder Law Credit Contracts and Consumer Finance Act 2003 (CCCFA) Commercial Financial Advisers Act 2008 Charity Charities ''Best Endeavours'' Vessel surveyor Acknowledgment Legislation update Division of Functions Interpretation of documents Unfair contract terms Trustee Duties Testamentary capacity Limitation Act 1950 Commercial Law Tamarapa v Byerley Wills Act 2007 Section 14 Protection Order Body Corporate Albany Office Residential Lump sum Shareholders' Agreement Vessel survey Interpretation Act 1999 De facto Section 182 Family Proceedings Act 1980 Document Disclosure Principal Duress Will Financial Markets Conduct Act 2013 (FMCA) KiwiSaver Living standards Subsidies Reckless Trading Zero Hour Contracts Lankow v Rose Section 15 Limitation period SN v MN [2017] NZCA 289 Limitation Act 2010 Employment SMC Frustration Privacy Act 1993 Offending Company Law Skilled migrant points Visa application Maritime Lien Domestic violence Twelve years Tenants Re Estate of Campbell Gifting Fair share Personal Properties and Securities Act 1999 Immigration New Zealand Financial services provider (FSP) Blackwell v Hollings Testamentary writing Ministry of Social Development Trust Check Up Anti-money laundering (AML) Vessel Sale and Purchase Erceg v Erceg Asset Protection Immigration Testamentary freedom Business Resident Visa Financial products Interest Compensation Amundson v Raos Economic disadvantage Beneficiary Rights Maritime Law Murrell v Hamilton Contract and Commercial Law Act 2017 Hawkes Bay Trustee Company Limited v Judd Companies Act 1993 Partner of resident Eviction Protector Recovery of money Contract Law Landlord Marriage Estate Administration Lease Break up Part payment Deceased's wishes Family Protection Act 1955 Constructive trusts Terms of Trade Sale of Goods Claims against estates Due Diligence White v White Ship Registration Income Mortgagee Fair Trading Act 1986 Executors duty Wills Act 2007 Insurance Property Administrators duty Psychological abuse Case Study Ministry Undue influence Wills Act 2007 Section 8 Intellectual Property Wilson v Donnellan Acknowledgment of Debt Changes Charity begins at home Will that do Section 15A Mortgage Re Estate of Feron Wills Act 2007 Section 11 Property (Relationships) Act 1976 Ship Lease Titles Clayton case Rest Home Subsidies Validity of Wills Mortgagor Invalid wills Interpretation Act 1999 Section 29 Ship's Mortgage Gifts Tenant Physical abuse Civil union Grey Power Seperation Commercial Property

Archive