Trust Series 2019 - Appointment and removal of trustees

Description

“Trustees are not to be lightly removed. The courts are generally reluctant to remove trustees if other avenues can be found to remedy a perceived risk. Further, incompatibility between trustees and beneficiaries is not enough to justify removal. Any incompatibility must be at such a level that the proper administration of the trust is seriously adversely affected and it has become difficult for a trustee to act in the interests of the beneficiaries.”

Triezenberg v Mason [2019] NZHC 14 at [116]

Where the assistance of the court is required the general principle is “to appoint the person or persons best suited to administer the Trust in the circumstances prevailing.” This concept will be explored in the webinar, which will reflect on matters the court will take into consideration and the different ways in which trustees can be removed, retire and appointed by reference to trust terms, the Trustee Act 1956 and the inherent jurisdiction of the High Court.

The real costs of trustee appointment and removal disputes will be considered.

The webinar will also canvas the do’s and don’ts of appointment and removal and will consider where Jasmine sits now in the context of recent New Zealand cases.

Current views on the exercise of powers of appointment by an attorney under an enduring power of attorney will be considered by reference to recent case law.

Removal of incapacitated trustees will also be explored.

Practical examples relating to the appointment and retirement of trustees will be provided by reference to cases including:

  •  O’Keefe v Jones (HC)
  •  Jones v O’Keefe (CA)
  •  Triezenberg v Mason
  •  Guest v Warner
  •  Kea v Pugachev
  •  Jasmine Trustees v Wells
  •  CDT 12 Limited v Millar [2019] NZHC 606
  •  Oldfield v Oldfield [2019] NZHC 492

LEARNING OUTCOMES

Attendees will learn the differences between the procedure that related to retirement and removal; how to review appointment and removal provisions in trust deeds; what matters should be addressed in a deed of appointment and removal / retirement of trustee

SUITED TO

This webinar is targeted at practitioners at all levels but will be of particular benefit to practitioners who advise trustees or who are trustees or directors of trustee companies.

PRESENTER

Vicki Ammundsen, Director, Vicki Ammundsen  Trust Law Limited

 

 

1.25 CPD Hours

  • Aug 14
    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.