Description

More than just box- ticking!

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. However, recent case law demonstrates the wide-ranging circumstances that can apply to the appointment, retirement and removal of trustees.

This webinar will consider:

• the statutory fame-work that applies to the appointment and removal of trustees
• exercising powers of removal of trustees for a proper purpose
• transitional provisions regarding trustee appointment and retirement
• how to draft deeds of retirement, discharge and removal
• drafting and responding to notices of decisions to remove trustees
• appointment of a receiver in place of or together with trustees

Practical examples relating to:

• the appointment of a receiver to a trust
• effective trustee appointment
• trustee deadlock, and
• trustee remuneration

will be provided by reference to contemporary case law including:

• Ryan v Lobb
• Legler v Formannoij
• PH Trustees v HJ
• In the matter of the Peter Valentini Trust and the Anna McGowan Trust
• AG v Singh
• NZ Trust Corporation Ltd v Bonnard Lawson Geneve SA & Ors
• Re Bleeker
• Jongeneel v Schaake
• Gamble v Schepens

ORIGINAL BROADCAST DATE

15 May 2024

LEARNING OUTCOMES

Attendees will learn:

• the statutory provisions under the Trusts Act 2019 regarding appointment, retirement and removal of trustees
• drafting considerations for deeds of appointment, retirement and removal, and
• about the practical aspects of trustee appointment and removal

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.