Trust Series 2023 – Trust validity and sham trusts - 8 November 2023 (On Demand)


The Trusts Act 2019 defines the characteristics and requirements of an express trust. However, as is commonly noted, the devil is in the detail. This webinar explores the requirements of a valid trust by reference to the requirements of a valid trust by reference to:

  • what is necessary to evidence an intention to create a trust
  • what is required to sufficiently identify beneficiaries, and
  • when or how property is subject to a trust.

The Supreme Court of Victoria decision in Re McGowan Valentini Trusts will be considered in light of questions of trust validity together with Cohen v Kerr and other contemporary cases.

This webinar will address the current law in New Zealand and internationally with respect to sham Trusts and the indicia of trust failure together with contemporary considerations with respect to control and economic reality.

The webinar will also consider whether the bar for determining sham or invalidity is lower in the context of relationship property disputes by reference to contemporary trust cases.

This webinar, which will conclude with a question and answer section, will provide an opportunity for practitioners to up-date their knowledge regarding sham trusts, trust validity and the requirements of an express trust by reference to contemporary trust law.

Topics covered will include:

  • The law relating to trust validity and sham
  • Current case law regarding validity and sham
  • The correlation between intention and sham
  • Sham and validity in other jurisdictions
  • The relationship between commercial reality and trust validity

More trust cases are being heard by our courts than ever before and new ways to attack trusts are regularly being considered by the courts and in practice. The impact of developments with relation to sham and resulting trusts and the true effects or economic realities of trust settlements warrants fresh consideration.


8 November 2023


Attendees will learn:

  • The requirements of a valid trust
  • The importance of appropriate trust governance
  • What it means to be the trustee of a sham trust
  • Tools to assess economic trust realities and related considerations


This webinar is targeted at all practitioners at all levels but will be of particular interest to more experienced practitioners.


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

Coming Soon

All Coming Soon >>


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.


All registrants to a live webinar will automatically be sent a recording at the end of that week along with a full transcript of the webinar, regardless of whether you attended or not.

Sole practitioners

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