Description

Part 5 of the Trusts Act 2019 provides who may be appointed as a trustee, how a trustee retires, how a trustee is removed and when a trustee must be removed.

This webinar will consider:

• the statutory fame-work that applies to the appointment and discharge of trustees
• exercising powers of appointment and removal by an attorney under an enduring power of attorney (property)
• exercising powers of removal of trustees for a proper purpose
• transitional provisions regarding trustee appointment and retirement
• drafting and responding to notices of decisions to remove
• how to draft deeds of retirement, discharge and removal
• divesting and vesting of trust assets following a change of trustee
• the indemnities and protection available to retired and removed trustees, and
• documents to be provided by departing trustees
• seeking directions from the High Court

Practical examples relating to the appointment, removal and retirement of trustees will be provided by reference to relevant case law.

ORIGINAL BROADCAST DATE

10 May 2023

LEARNING OUTCOMES

Attendees will learn:

• about the statutory provisions under the Trusts Act 2019 regarding appointment, retirement and removal of trustees
• how to draft and respond to notices of decisions to remove
• drafting considerations for deeds of appointment, retirement and removal of trustee, and
• the practical aspects of divesting and vesting of trust property following a change of trustee

SUITED TO

This webinar is targeted at practitioners at all levels but will be of particular benefit to practitioners who advise trustees or who are trustees or directors of trustee companies.

PRESENTER

Vicki Ammundsen, Director, Vicki Ammundsen Trust Law Limited.