Description

This very practical webinar will show you how to vary a trust deed in light of the provisions of the Trusts Act 2019 and contemporary trust administration.

HIGHLIGHTS
This webinar, which will include the opportunity to ask questions, will walk you through the process of reviewing a trust deed to reflect the relevant provisions of the Trusts Act and includes a precedent deed of variation.

Topics covered will include:

• Definitions by reference to the Trusts Act 2019
• Amending the perpetuity period
• Modifying and excluding default provisions
• Reviewing classes of beneficiaries
• Disclosure considerations
• Amending indemnity clauses
• Remuneration considerations for corporate trustees
• Clauses allowing updated memoranda of wishes
• Correcting drafting errors – mistake – rectification – variation
• Reference will be made to In the Matter of Representation of the Scarlett Investment Holdings Limited; Re Shinorvic Trust; Representation of H1 Trust Company Limited and In the matter of an Application by Patrick and Doris Mary Hindle for an order for rectification of the Hindle Family Trust Deed; In the Matter of the Louise Wilkie Family Trust; Ash v Singh
• Clauses regarding audio-visual meetings, electronic signatures and electronic storage of core trust documents

Attendees who have specific trust clauses they want reviewed are invited to submit these before Wednesday 17th of February for consideration during the webinar. Please email these to NZ-learning@wolterskluwer.com

ORIGINAL BROADCAST DATE

23 February 2021

LEARNING OUTCOMES

Attendees will learn:

• How to review a trust deed
• Considerations to take on board regarding the Trusts Act and existing trusts
• Advisor obligations
• How to define classes of beneficiaries
• What the standard terms in trust deeds mean and how these need to be updated to reflect the Trusts Act
• How to establish whether a trust deed is fit for purpose
• How to draft an appropriate deed of variation

SUITED TO

This webinar is suitable for accounting and legal practitioners up to senior level who want to develop a better appreciation of the terms of trust deeds in light of the Trusts Act 2019 and what these mean in practical terms.

PRESENTER

Vicki Ammundsen, Director, Vicki Ammundsen Trust Law Limited