Description

Part 5 of the Trusts Act 2019 provides who may be appointed as a trustee, how a trustee retires, how a trustee is removed and when a trustee must be removed.

This webinar will consider:

• the differences between the Trustee Act 1956 and the Trusts Act 2019 with respect to the appointment and removal of trustees
• trustee retirement when the trust deed does not provide for retirement
• whether powers to remove trustees can be exercised by an attorney under an enduring power of attorney (property)
• the indemnities and protection available to retired and removed trustees
• trustees de son tort
• removal of trustees with the assistance of the court
• the practical aspects of the retirement and removal of trustees
• how to draft deeds of retirement and removal
• the transfer or vesting of trust assets following retirement and removal of trustees
• trustee companies
• who meets the cost of the transfer of trust property, and
• the practical realities of hostile retirement

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

• Parsonage v Parsonage
• Triezenberg v Mason
• Representation of the Rawlinson & Hunter Trusts SA re Z Trusts
• Jasmine Trustees v Wells
• CDT 12 Limited v Millar [2019] NZHC 606
• Oldfield v Oldfield [2019] NZHC 492
• Santeater Limited v Wakelin

ORIGINAL BROADCAST DATE

27 May 2020

LEARNING OUTCOMES

• attendees will learn the differences between the procedure that relates 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;
• practical aspects of the transfer of trust property on removal / retirement / appointment;
• when and how to seek the assistance of the court

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