Vesting orders are commonly required for trusts and estates where the assistance of the court is required to regularise property ownership.
The transfer of property when a trustee is removed is addressed in sections 43, 47, 52, 57 and 59 of the Trustee Act 1956 with s 47 providing that a deed of appointment or discharge actually operates to vest trust property. However, as s 47 does not generally apply to certain assets, including shares or land, vesting orders are commonly required to perfect the transfer of trust assets.
While generally routine, each application depends on its own facts and it is important to appreciate what section or sections of the Trustee Act 1956 will be relied upon. This webinar will consider the relevant sections of the part 5 of the Trustee Act as well as how trust assets will be vested and divested once the Trusts Act 2019 comes into full force and effect will also be addressed.
The webinar will also canvas the court procedure to apply for a vesting order as well as the practical aspects of dealing with vesting orders that relate to real property including dealing with bank interests and effecting the transfer of the property.
Practical examples will be provided by reference to cases including:
10 June 2020
Attendees will learn the procedural elements of vesting order applications as well as the practical aspects of effecting vesting orders.
This webinar is targeted at practitioners at all levels but will be of particular benefit to trust and estate practitioners dealing with contentious trustee removals and elderly trustees.
Vicki Ammundsen, Director, Vicki Ammundsen Trust Law Limited
1.25 CPD Hours
