Trust Series 2021 – Trustee Liability

Description

Trustees act personally. The Trusts Act 2019 does not change this and the following words of the Supreme Court in Macalister Todd Phillips Bodkins v AMP remain relevant.

“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.”

This popular webinar, which will include a case book will consider recent case law developments, canvasses how and why trustee liability arises, the extent to which trustees can limit their liability and seek indemnity from the trust fund in light of the Trusts Act 2019.

HIGHLIGHTS
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:

  • Conflict
  • Rights of indemnity
  • Liability and exemption clauses
  • Adviser considerations
  • Practical considerations regarding the use of corporate trustees following the High Court decision in Jacomb v Jacomb
  • Defending notice of a decision to remove
  • Failing to give basic trust information or to make disclosure in a reasonable period (see ss 49 to 55 of the Trusts Act)
  • Failing to meet obligations regarding core documents (see ss 45 to 48 of the Trusts Act)
  • Case law up-date

WHY ATTEND
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 (and their advisers) understand and manage the risks inherent in the appointment as a trustee.

LEARNING OUTCOMES

Attendees will learn:

  • How to practically assess the risks of trusteeship by reference to the Trusts Act
  • The extent to which trustees can limit liability and be indemnified in accordance with the Trusts Act
  • What comprises gross negligence, and
  • The parameters of properly incurred expenses in a trust context 

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

1.25 CPD Hours

  • Apr 07
    Wed, 10:30 AM NZST - 11:45 AM NZST Online
    • $195.00 excl. GST

Coming Soon

All Coming Soon >>

One-connection-one-fee

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.

Recordings

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‑learning@wolterskluwer.com to confirm eligibility.