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

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

Archive