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


Family Due Diligence Credit Contracts and Consumer Finance Act 2003 (CCCFA) Commercial Duress Indoor Management Rule Financial services provider (FSP) Interpretation Act 1999 Personal Properties and Securities Act 1999 Employer Break up Interpretation of documents SMC Fair share Holiday pay Business Splitting Up Trusts Bill Broadbent v Ministry of Social Development Partner of resident Document Disclosure Six years Testamentary Promises Erceg v Erceg Contract and Commercial Law Act 2017 De facto Invalid wills Offending Charity Wills Act 2007 Section 14 Changes Frustration Wills Act 2007 Litigation Auckland Office Acknowledgment Residential WINZ Partnership based work visa Contract Law Compensation Ship Section 182 Family Proceedings Act 1980 Marriage Dividing Property Executors duty Separate Property Estate Administration Financial Markets Conduct Act 2013 (FMCA) Lankow v Rose Trustee Duties Trusts Financial services Undue influence Sharing Protection Order Re Estate of Feron Work and Income Abuse Amundson v Raos Will that do Ministry Vessel Sale and Purchase Hawkes Bay Trustee Company Limited v Judd Lease Ilott v Mitson 2017 UKSC 17 Landlord Ship Registration Section 15 Domestic violence Resident Visa SN v MN [2017] NZCA 289 Consumer credit contracts Matrimonial Home Zero Hour Contracts Family Trusts Terms of Trade Character requirements Valid wills Principal Lump sum Health and Safety Reform Bill Relationship Property Case Study Violence Physical abuse Limitation Act 2010 Directors' Duties Intellectual Property Grey Power Unfair contract terms Charity begins at home Personal Trust Check Up Legislation update Wills Act 2007 Section 11 50/50 Split KiwiSaver Fair Trading Act 1986 Immigration Expression of interest Financial products Murrell v Hamilton Maritime Lien Family Protection Act 1955 Claims against estates Validity of Wills Limitation defence Blackwell v Hollings Recovery of money Resident Section 15A Incapacity Re Estate of Campbell Ministry of Social Development Testamentary writing Testamentary capacity Economic disadvantage Privacy Act 1993 Twelve years Medical Beneficiary Rights Domestic Violence Act 1995 Lease Titles Shareholders' Agreement Body Corporate Acknowledgment of Debt Companies Act 1993 Unequal Sharing Elder Law Maritime Law Asset Protection Visa application Reckless Trading Albany Office Gifting Financial Advisers Act 2008 Rest Home Subsidies Limitation period Constructive trusts Commercial Property Mortgagee Divorce Seperation Deceased's wishes Tenant Eviction Ship's Mortgage Property Will Administrators duty Psychological abuse Tamarapa v Byerley Income Pattern of offending White v White Clayton case Loss of income Dismissal Civil union Family Court Mortgage Interpretation Act 1999 Section 29 Division of Functions Living standards Skilled migrant Temper Property (Relationships) Act 1976 Gifts Part payment Wills Act 2007 Section 8 Termination Repayment Sale of Goods Charities Insurance Anti-money laundering (AML) Verbal abuse Wills Creating Trusts ''Best Endeavours'' Skilled migrant points Limitation Act 1950 Vessel surveyor Wilson v Donnellan Protector Customary Authority Interest Trust Confidentiality Company Law Trust busting Family Home Testamentary freedom Casual employee Subsidies Employment Immigration New Zealand Vessel survey Commercial Law Mortgagor Tenants