Description

Practical considerations regarding enforcement

This webinar will provide an in-depth study of 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:

• presumption regarding disclosure of trust information (section 49 to 55 of the Trusts Act)
• review of powers to appoint and remove trustees at the request of a beneficiary (section 95 of the Trusts Act)
• removing trustees pursuant to section 112 of the Trusts Act on the application of a beneficiary
• review of trustee’s acts, omissions and decisions at the request of a beneficiary (section 126 of the Trusts Act)
• termination, variation and resettlement at the request of a beneficiary (Part 6 of the Trusts Act)
• variation or extension of trustee powers on the application of a beneficiary pursuant to section 130 of the Trusts Act
• applications by beneficiaries for ADR (sections 143 to 148 of the Trusts Act)
• trust investigations instigated by beneficiaries (section 153 of the Trusts Act)
• cost considerations for beneficiaries exercising rights under the Trusts Act, and
• prospective cost orders

Attendees will receive a paper that includes case notes, relevant excerpts from the Trusts Act and further commentary.

HIGHLIGHTS
This webinar, which will conclude with a question and answer section, will focus on recent case law to explore beneficiary rights in light of contemporary considerations.

WHY ATTEND
Beneficiaries are fundamental to a valid trust. Although modern discretionary trusts commonly allow some beneficiaries to be favoured over others, it is important for beneficiaries and their advisers to have a good understanding of beneficiary rights and how these rights can be enforced.

ORIGINAL BROADCAST DATE

7 June 2023

LEARNING OUTCOMES

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 and beneficiaries alike can manage this mine field

SUITED TO

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

PRESENTER

Vicki Ammundsen, Director, Vicki Ammundsen Trust Law Limited.