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An update of important decisions including the first decisions under the Trusts Act 2019
2021 was a year of change. The Trusts Act came into full force and effect and we already have a range of decisions from the court to provide guidance.
This webinar is relevant for any trust practitioner wanting to gain insight from recent trust cases. Cases discussed include:
- Gavin v Gavin, Re Setter and Talijancich v Talijancich - the Court’s greater power to vary trusts under the Trusts Act 2019 and how the Court had used those powers
- Easton v NZ Guardian Trust (No3) – Court review of trustee decision making
- McLaughlin v McLaughlin – what happens when beneficiaries are unhappy with trustee decisions
- Kain v Public Trust –trustees are entitled to consider memoranda of wishes and subsequent memoranda of wishes provided these are not inconsistent with the terms of the trust
- A v D – breach of fiduciary duties by a parent remedied through the imposition of a constructive trust over assets transferred to an inter vivos trust
- Lambie v Addleman; McGuire v Earl – disclosure update
- Legler v Formannoij – corporate trustee update
- McCallum v McCallum – Beddoe order considerations
- O’Dea v Rutten – the need to adhere to the terms of trusts and wills
- Re Hugh Green – directions under the Trusts Act
- Preston v Preston – the increasing reach of s 182 of the Family Proceedings Act
- Brkic v White – the importance of no-self benefit
- Camroc Lewis Trust v Lewis – transitional provisions of the Trusts Act regarding vesting
- Re Estate Hodgson; Hodgson v Hodgson - distribution of missing or unknown beneficiary’s share
ORIGINAL BROADCAST DATE
9 March 2022
Guidance regarding how to give appropriate trust advice in 2022.
Relevant for any trust practitioner or professional dealing with trusts.
Vicki Ammundsen, Director, Vicki Ammundsen Trust Law Ltd
John Brown, Barrister