Trust Series 2019 - Trust Settlors

Description

This webinar will provide an in-depth study of the often-overlooked role of the settlor.

The webinar will focus on:

  • The extent to which trustees can rely on or refer to the settlor’s intentions with particular focus on the decision in Clement v Lucas
  • The memoranda of wishes when a trust is settled by a nominee settlor or someone other than the “true” settlor
  • Settlor control – when does it go too far? Mezhprom Bank v Pugachev
  • When settlor’s lose control – what does it mean to have been the settlor?

OTHER TOPICS COVERED

  • Nominee settlors
  • Settlor’s obligations for tax
  • When a beneficiary will be treated as a settlor for tax purposes
  • Resulting trusts – what happens to the trust’s assets if a trust fails

WHY ATTEND

The role and rights of the settlor can be overlooked and underappreciated.

This insightful webinar will cast new light on settlors and how the position of settlor and the settlor’s wishes should be promoted and protected moving forward. The webinar will also consider the double edged sword that control represents and whether it is still correct for trustee/settlors, as paraphrased from Vervoort v Forrest where it was stated that “traditional trust principles of unanimity and non-delegation must bend to the practical realities when one trustee is in absolute control of all trust activities and the other trustees have effectively abdicated their trustee responsibilities”. This will be measured against the recent decisions in Triezenberg v Mason where the settlor was removed as a trustee and later the appointor and had costs awarded against him on account of defending his removal as a trustee and the removal of the appointor powers.

LEARNING OUTCOMES

Attendees will learn:

  • Who can write a memorandum of wishes
  • The risks of too much control
  • Losing control
  • When and how trustees can comply with the settlor’s intentions
  • The role of the advisor in conveying / recording settlor intention
  • The full parameters of the role of the settlor
  • The Trusts Bill provisions regarding settlor advise with respect to indemnity and liability limitation in trust deeds
  • The importance of differentiating between the settlor and the trustees as clients

 

SUITED TO

This webinar is targeted at all practitioners at all levels but will be of particular interest to practitioners who advise clients who are establish new trusts or who deal with on-going trust administration (including lawyers, accountants, conveyancers and professional trustees).

PRESENTER

Vicki Ammundsen, Director, Vicki Ammundsen Trust Law Limited

1.25 CPD Hours

  • Jun 12
    Wed, 10:30 AM NZST - 11:45 AM NZST 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.