Description

Trusts remain as topical as ever, notwithstanding, and in part due to the Trusts Act coming into full force and effect.

Sometimes issues arise inexplicably as was the case in O’Dea v Rutten.

[7] Let me deal with the core issue straight away.  I do not understand how the executors could ever have reached the view that they apparently did.  The terms of Mr and Mrs Rutten's wills are quite clear.  The residue of their estates was to be paid to the trustees of the trusts and the trusts were to be administered in accordance with their terms for the benefit of their three sons and their grandchildren.  There is just no serious argument to the contrary.

More commonly issues arise through poorly considered trust structures, inappropriate control features and the seemingly relentless tide of case law and legislation as practitioners endeavour to navigate the way forward.

HIGHLIGHTS
This webinar, which will conclude with a question and answer section, will consider current trust issues in a practical context.

Topics and cases covered will include:

• Disclosure of legal advice obtained by trustees (Lambie v Addleman)
• New reporting obligations for “domestic trusts”
• The use of corporate trustees (Legler v Formannoij)
• Costs awards against trustees for failing to make adequate disclosure (McGuire v Earl)
• The practical realities of disclosure when trustees are not in agreement
• Updating memoranda of wishes (Public Trust v Kain)
• The Trusts Act in practice
• Proprietary estoppel as a remedy (Hamilton v Kirwan)
• Variations of trust in light of the Trusts Act (Talijancich, Malone and M & L Trustees Limited)
• Beddoes applications and hostility (McCallum v McCallum)
• Trust windups where beneficiaries are in different jurisdictions (In the matter of The Piedmont Trust and the Riviera Trust)

ORIGINAL BROADCAST DATE

8 December 2021

LEARNING OUTCOMES

Attendees will learn: 

• how to communicate appropriately with trust clients
• how the Trusts Act is embedding itself in practice
• the key points from contemporary trust cases, and
• lessons that can learned from the mistakes of others 

SUITED TO

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

PRESENTER

Vicki Ammundsen, Director, Vicki Ammundsen Trust Law Limited