Trust Series 2022 - Beneficiary Rights - 1 June 2022 (On Demand)


What are they worth?

The Trusts Act 2019 provides that there is a presumption that trustees will make basic trust information available to every beneficiary and that further trust information will be provided on request within a reasonable time.

This webinar will provide an in-depth study of beneficiaries and beneficiary rights and will ask the question now that the Trusts Act 2019 is in full force and effect – what has changed – and how is the due and proper administration of trusts to be enforced?

This webinar considers:

  • what is basic trust information?
  • what is a reasonable time-frame to provide further trust information?
  • the factors from the perspective of the trustee, the beneficiary and the settlor
  • what trust information can be reasonably expected to be provided?
  • how do beneficiaries best present themselves when requesting trust information?
  • how should trustees manage disclosure obligations?
  • how do trustees respond to requests for trust information?
  • what if the trustees are not in agreement regarding disclosure?
  • what can beneficiaries do to enforce their rights and the relevant procedural considerations
  • what can settlors / trustees do to avoid disclosure?

Attendees will receive a paper that includes case notes and precedent communications with respect to beneficiary information requests.

This webinar, which will conclude with a question and answer section, will focus on:

  • the presumption of disclosure of basic information to every beneficiary in the Trusts Act
  • decided cases including Erceg v Erceg; Lambie v Addleman; Jacomb v Jacomb and McGuire v Earl
  • removal of beneficiaries to avoid disclosure
  • procedural considerations. See Toogood v Fairfield Trustees Limited

Other topics covered will include:

  • a discussion of the rights of different beneficiaries and matters that need to take into consideration when drafting deeds of trust
  • how trustees should respond to information requests from a beneficiary
  • what documents can be expected to be disclosed to a beneficiary
  • appointment and removal of beneficiaries – from the perspective of the settlor, the trustee, the beneficiary
  • what is the role of the appointor?
  • beneficiaries challenging trustee decisions
  • guidance in trust deeds and memoranda of wishes
  • the unreasonable beneficiary – who pays for that?
  • the cost of getting it wrong

Beneficiaries are fundamental to a valid trust. Although modern discretionary trusts commonly allow some beneficiaries to be favoured over others, it is important for trust practitioners to have a good understanding of the rights of beneficiaries generally; what rights any particular beneficiary has, and when or how these rights can be enforced or compromised.


1 June 2022


Attendees will learn:

  • what rights beneficiaries have and what they can do to enforce their rights
  • what about what the settlor wanted?
  • strategic considerations regarding the enforcement of beneficiary rights, and
  • how trustees can manage this mine field


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


Vicki Ammundsen, Director, Vicki Ammundsen Trust Law Limited.

1.5 CPD Hours

  • On Demand Event
    • $215.00 excl. GST
    Complete online in your own time (Self-paced)
    • $215.00 excl. GST

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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.


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Sole practitioners

A discount on webinars is available for sole practitioners. Please contact us at NZ‑ to confirm eligibility.