Description

In Grandview Private Trust Company Limited and Wong the court specifically rejected “the proposition that there is some absolute rule which, whatever the terms of the power or the circumstances of the trust, [that] prohibits the exercise of specific powers of addition and exclusion of beneficiaries from altering the substratum of the trust – a metaphorical term the characteristics of which it may be difficult to define, and which may not necessarily exist.”

This webinar will analyse and interpret this decision against the backdrop of the Trusts Act 2019 and will provide an up to date consideration of the issues facing trustees and their advisers in a rapidly changing trust landscape. The webinar will be complimented with materials that expand on the matters discussed.

HIGHLIGHTS
This webinar, which will conclude with a question and answer section, will consider:

• The shifting sands of the sub-stratum of a trust
• What does the Trusts Act 2019 mean in a practical sense?
• Drafting trust deeds in light of the Trusts Act 2019
• Beneficiary disclosure protocols
• Rectification, variation or termination of existing trusts
• Beneficiary current accounts – tax considerations and trustee obligations
• Trust validity 2020
• Piercing the veil of the corporate trustee

An overview of key trust decisions in 2020 from cases including:

• Grandview Private Trust Company Limited and Wong (trust sub-stratum; fraud on a power)
• Jacomb v Jacomb (disclosure; corporate trustees)
• Webb v Webb (trust validity)
• Greenpeace v Charities Registration Board (political vs charitable)
• Smith v Shaw (privilege; the rights of children to be heard in proceedings)
• Oldfield v Oldfield (advisory trustees)
• Uncovich v Clapham (decision making)
• Triple A Trustees Limited (Benjamin orders)
• Ruscoe v Cryptopia Limited (property)
• In the Matter of Representation of the Scarlett Investment Holdings Limited (rectification)

WHY ATTEND

Trust law is evolving at an increasing pace as it responds to case law developments, societal and legislative challenges. Beneficiaries are more aware of their rights. Trustees of discretionary trusts have wide powers, but an increasingly wide range of considerations take into account before these should be exercised. The Trusts Act 2019, which will be in full force from 30 January 2021, means that there are significant drafting and management issues as we progress through the transition period.

Advisers and trustees need to be informed regarding the changing trust landscape and equipped with knowledge so as to be able to advise settlors, trustees and beneficiaries.

ORIGINAL BROADCAST DATE

9 December 2020

LEARNING OUTCOMES

Attendees will learn:

• Key consideration regarding trust administration in light of the Trusts Act 2019
• Important considerations regarding winding up trusts to avoid disclosure obligations and beneficiary current accounts
• New considerations regarding reliance on memoranda of wishes
• The need to manage trustee retirement effectively, and
• Key messages from 2020 trust cases

SUITED TO

This webinar is targeted at all practitioners at all levels but will be of particular interest to practitioners who advise trustees or beneficiaries.

PRESENTER

Vicki Ammundsen, Director, Vicki Ammundsen Trust Law Limited