Description

The role of the adviser

The Trusts Act 2019 provides that before the creation of the trust, the adviser, must take reasonable steps to ensure that:

• the initial settlor is aware of the meaning and effect of the modification or exclusion of any default duties, and
• the settlor is aware of the meaning and effect of any liability exclusion or indemnity clauses in the terms of the trust.

This webinar will consider:

• The policy rationale for adviser obligations
• The default duties
• Exemption and liability clauses
• What reasonable means in the context of sections 39 and 43 of the Trusts Act 2019
• What to advise
• Who to advise
• When to advise
• How to record the advice, and
• The consequences of failure

ORIGINAL BROADCAST DATE

22 September 2021

LEARNING OUTCOMES

Attendees will learn the adviser obligations under the Trusts Act 2019 and how compliance with these obligations should be effected and recorded.

SUITED TO

This webinar is targeted at all practitioners at all levels with an interest in trust law but will be of particular interest to practitioners who advise clients who are establishing new trusts.

PRESENTER

Vicki Ammundsen, Director, Vicki Ammundsen Trust Law Limited