Recent Trust Cases 2018 - Breaking New Ground - 7 November 2018 (On Demand)

Description

There have been a number of recent trust decisions from the Court that break new ground. These include:

  •  Review trustee’s decision. Can a discretionary bring an application to review a trustee’s decision   under s 68 of the Trustee Act?   This has never been fully determined by NZ Courts, until recently. 
  •  Applications for directions. The Court has shown an increased willingness to widen the scope of s 66   applications and assist  trustees. What has happened recently? 
  •  Application for directions under part 18 or part 19 of the High Court Rules. Should an application for   directions should be  under part 18 or is it possible to take advantage of the simplified procedure  under part 19. Which procedure? 
  •  Ability to change trust jurisdiction. The power in the trust deed to change jurisdiction may not mean  what you think. 
  •  Trustee costs. In trust litigation, if the trustee loses, what costs are   borne by the trust and what are borne by the trustee   personally? Recent cases spell that out. 
  •  Protecting retired or removed trustees. What are the parameters of a trustee’s equitable lien? 
  •  Can a trust beneficiary caveat trust land? Recent decisions show this may be quite limited, but there are  some possibilities. 

Cases covered include:

  •  Little v Howick Trustee 
  •  Public Trust v Kain 
  •  Ivanishvili v Credit Suisse AG 
  •  Clement v Lucas [costs] 
  •  Ash v Singh [costs] 
  •  LSF Trustees v Footstep Trustee 
  •  Macfarlane v Perpetual 
  •  Rutherford v Rutherford 
  •  Estate Armitage; OA v Sanctuary Propvest 
  •  Representation of Rawlinson & Hunter SA re Z Trusts 10-Sep-2018 
  •  Meritus Trust Company Limited v Butterfield Trust [207] SC (Bda) 82 Civ (13 October 2017) 

LEARNING OUTCOMES

Attendees will learn:

• Who can ask the Court to review of trustee decisions?
• When can trustees ask the Court for directions?
• Matters for trustees to consider before retiring
• The current approach to trustee’s costs as exemplified in recent court decisions, alerting trustees to the dangers
• Practical jurisdictional considerations

Attendees will receive comprehensive case notes and commentary.

DATE OF ORIGINAL BROADCAST

7 November 2018

SUITED TO

This webinar is targeted at all practitioners at all levels but will be of particular interest to trustees and practitioners who act as trustees or advise trustees

PRESENTERS

Vicki Ammundsen, Director, Vicki Ammundsen Trust Law and John Brown, Barrister

 

 

1.25 CPD Hours

  • On Demand Event
    Complete online in your own time (Self-paced)
    • $190.00 excl. GST

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