Trust Series 2020– Trustee Liability - 4 August 2020 (On Demand)


Trustees act personally. As noted in the Supreme Court judgment in Macalister Todd Phillips Bodkins v AMP:

“Liabilities incurred by a trustee in relation to a trust are always the personal liabilities of the trustee … A creditor has a personal right to sue a trustee and to get judgment and make the trustee bankrupt.”

A myth that continues to be perpetrated is that trustees can have all costs and expenses met from the trust.

This popular webinar, which will include a case book will consider recent case law developments, canvasses how and why trustee liability arises, common breaches of trust, what trustees can do to protect themselves and the extent to which trustees can limit their liability and seek indemnity from the trust fund with specific consideration of the Trusts Act 2019.

This webinar, which will conclude with a question and answer section, will consider the outcome of recent cases to demonstrate how trustee liability arises and the practical steps that can be taken to manage the risks of trusteeship.

Topics covered will include:

  • The risks of trusteeship
  • Acting in the trustee’s personal interests rather than the interests of the trust and the risks that can flow from this
  • Contracting out of trustee liability
  • Rights of indemnity – how to lose them – how to enforce them
  • Corporate trustees
  • Trustee deadlock
  • Resisting removal
  • Court costs
  • Seeking directions or the Blessing of the Court
  • Beddoe orders – essential or an expensive luxury?
  • Case law up-date covering cases including:
    • PR Law Queenstown No 1 Trustees Limited (in Liquidation) v Norris [2020] NZHC
    • Wareham v Marsella (No2) [2020] VSCA 118
    • Price v Saundry [2020] WTLR 23
    • Unkovich v Clapham [2020] NZHC 952
    • McKellow v Domney [2020] NZHC 1118
    • McCallum v McCallum [2020] NZHC 907

Although it is common for a deed of trust to limit a trustee’s liability to the assets of the trust, many circumstances can arise where a trustee is personally liable for losses. Accordingly, it is essential that trustees.


4 August 2020


Attendees will learn:

  • How to practically assess the risks of trusteeship
  • How past and present trustees incur liability
  • How to identify and address breaches of trust
  • How liability is shared between co-trustees
  • The steps trustees can take to avoid personal risk
  • The extent to which trustees can be indemnified from the deed of trust
  • Security for outgoing trustees
  • How rights of indemnity can be compromised
  • The parameters of properly incurred expenses in a trust context 


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.


Vicki Ammundsen, Director, Vicki Ammundsen Trust Law Limited


1.25 CPD Hours

  • On Demand Event
    Complete online in your own time (Self-paced)
    • $195.00 excl. GST

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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.


All registrants to a live webinar will automatically be sent a recording at the end of that week along with a full transcript of the webinar, regardless of whether you attended or not.

Sole practitioners

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