Trust Series 2019 - Beneficiary rights – Beyond Erceg

Description

This webinar will provide an in-depth study of beneficiaries and beneficiary rights. The Supreme Court decision in Erceg v Erceg has provided valuable guidance about the rights of beneficiaries to information. However, in 2019 it is time to look beyond that because armed with that information – what can a beneficiary do? This webinar considers whether and when beneficiaries can:

  • challenge trustee decisions 
  • seek the removal of a trustee 
  • caveat trust property 

Attendees will receive a paper that includes case notes and a useful checklist that canvasses matters to be taken into consideration for trustees responding to information requests

HIGHLIGHTS
This webinar, which will conclude with a question and answer section, will focus on:

  • the practical application of the Erceg v Erceg decisions 
  • what practitioners need to know about Little v Howick DL Trustee Limited
  • the Trusts Bill and what this might mean for trustees and beneficiaries 
  • Biggs v BiggsDiscovery v Discovery
  • exercising powers to add and remove beneficiaries – when are these fiduciary?

Other topics covered will include:

  • A discussion of the rights of different beneficiaries and matters settlors need to take into consideration when drafting deeds of trust 
  • Drafting and amending classes of beneficiaries moving forwards 
  • How trustees should respond to information requests from a beneficiary 
  • What documents might have to be disclosed to a beneficiary 
  • Appointment and removal of beneficiaries – from the perspective of the trustee, the beneficiary and appointor 
  • Beneficiaries challenging trustee decisions 
  • The unreasonable beneficiary – who pays for that? 
  • The costs of getting it wrong 

WHY ATTEND
Beneficiaries are fundamental to a valid trust. Although modern discretionary trusts commonly allow some beneficiaries to be favoured over others, it is important for trust practitioners to have a good understanding and appreciation of what rights any particular beneficiary has, when or how these rights can be enforced or lost; and the exercise of powers of appointment and removal. This will be particularly important as trustees consider removal of beneficiaries or winding up trusts to avoid the disclosure obligations proposed under the Trusts Bill

LEARNING OUTCOMES

Attendees will learn:

  • What rights beneficiaries have
  • The thorny issue of standing
  • How trustees should consider an information request
  • What information does not need to be disclosed to beneficiaries
  • Drafting considerations
  • Matters to take into consideration when appointing and removing beneficiaries

SUITED TO

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

PRESENTER

Vicki Ammundsen, Director, Vicki Ammundsen Trust Law

 

1.25 CPD Hours

  • Mar 13
    Wed, 10:30 AM NZDT - 11:45 AM NZDT Online
    • $190.00 excl. GST

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One-connection-one-fee

Our webinars operate on a 'one-connection-one-fee' basis so you can have your whole team participate for one cost effective price and claim CPD points.

Recordings

All registrants that do not log into the live webinar are automatically sent a recording either later the same day or early the next business day.

If you did log in and wish to view again simply drop us a line at NZ‑learning@wolterskluwer.com and we’ll be happy to send it to you via email.

Sole practitioners

A discount on webinars is available for sole practitioners. Please contact us at NZ‑learning@wolterskluwer.com to confirm eligibility.