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We publish a wide range of useful information on a regular basis.

  • Trustees’ Duties and Liabilities Under The Trusts Act 2019

    December 2020

    This is the third article on the new Trusts Act 2019 with the first article having appeared in the Winter edition and the second article having appeared in the Spring edition of this newsletter. The imposition of duties on trustees is essential ...

  • Beneficiaries’ Rights To Information Under The Trusts Act 2019

    September 2020

    This is the second article on the new Trusts Act 2019 with the first article having appeared in the Winter edition of this newsletter. The Trusts Act 2019 (“the Act”) sets out various provisions relating to the disclosure of information to beneficiaries.  The ...

  • Major Reform To Trust Law

    June 2020

    MAJOR REFORM TO TRUST LAW Overview of key changes On 30 January 2021, the Trusts Act 2019 will come into force.  The Act is the most significant change to the law relating to trusts since the enactment of the Trustee Act 1956, some 65 ...

  • Family Trusts

    June 2018

    Family Trusts have been particularly significant since 1993. Anecdotally, it would seem that there are in excess of half a million Family Trusts in New Zealand currently. That is significantly more, per head of population, than for almost every other country. ...

  • Shifting Sands

    June 2017

    In the leading Property (Relationships) Act case of Clayton v Clayton the Court of Appeal (2015) & Supreme Court (2016) found that Mr Clayton’s powers under a Trust was relationship property, and this meant that Mrs Clayton had a relationship property ...

  • The Sorry Tale of a Family Trust

    June 2017

    "This is a sorry tale of what can occur when a family adopts an inappropriate form of trust deed without adequate advice or sufficient understanding of the legal effect of its terms.”- Dobson J begins his judgment in McLaren v McLaren ...

  • Administering Family Trusts

    March 2016

    Too often clients think of themselves and their Family Trust as being interchangeable – they are not. The Family Trust is a separate legal entity operated by the trustees. The trustees in turn have legal obligations towards all beneficiaries named in ...

  • Trustees and Powers of Attorney

    December 2015

    Trustees’ Obligations & Breach of Trust with Power of AttorneyA recent High Court decision considered a claim for breach of trust in the context of the use of a General Power of Attorney by a Trustee. A Trustee had made a ...

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