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

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

Archive