Description

An update of important decisions from 2022

2022 has continued the momentum of trust cases following the Trusts Act 2019 coming into full force and effect together with the developing contemporary trust jurisprudence.

This webinar is relevant for any trust practitioner wanting to gain insight from recent trust cases. Cases discussed include:

• Estate of the Late J.D. Hanson also referred to as Cohen v Kerr - trust validity
• Kain v Public Trust – serial memoranda of wishes
• Ruby v Ruby – redundant beneficiaries
• Pollock v Pollock; D & E Limited v A, B and C – settlor freedom
• Re Tauranga Energy Consumer Trust - directions under the Trusts Act 2019
• Public Trust v Lawrence – capacity considerations
• Family First v Attorney General – contemporary considerations regarding what is charitable
• Owies v JJE Nominees Pty Limited – exercise of discretion
• Lambie v Addleman Limited – disclosure
• Merona Trustees Limited – interpretation of trust terms
• Cooke v Butler – proper characterisation of transactions with trustees
• Equity Trust (Jersey) Ltd v Halabi – pari passu considerations for trustees of insolvent trusts
• Armani v Armani – appointment of a receiver to a trust
• Blackberry Family Settlement – rectification
• Kain v Public Trust – costs on appeal from directions application
• Walters v Wikiriwhi - trustee benefiting from the trust
• Mason v Triezenberg – whether purported removal of a trustee was valid
• Re Jury Family Trusts - Court’s approval to mirror trust variations and the exercise of the court’s power to waive the consent of an adult beneficiary to the variations

ORIGINAL BROADCAST DATE

22 February 2023

LEARNING OUTCOMES

Guidance regarding how to give appropriate trust advice in 2023.

SUITED TO

Relevant for any trust practitioner or professional dealing with trusts.

PRESENTERS

Vicki Ammundsen, Director, Vicki Ammundsen Trust Law Limited.

John Brown, Barrister.