Description
Note: this webinar is the first of a two part series. You can save 10% by purchasing both webinars together.
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The beneficiary perspective - gain practical insights into managing beneficiary expectations and navigating trust issues under the Trusts Act - explored through contemporary case law and real-world examples
In Ashley Dawson-Damer v Grampian Trust Company Limited the Privy Council held at [44] that “… even though there was a breach of the fiduciary duty of proper consideration, Ashley cannot show that the trustee, or a reasonable trustee, would have acted, or even might have acted, any differently had there been no such breach.”
The webinar, which is accompanied by a comprehensive paper and which will conclude with a question-and-answer session will explore current trust issues from the perspective of beneficiaries by reference to contemporary case law.
Part 2 of this webinar will explore current trust issues from the perspective of the trustee.
Topics covered
- managing beneficiary expectations
- identifying trust purposes to guide appropriate exercise of trustee discretion and powers
- beneficiary directed variation, resettlement and termination
- remedies against trustees
- litigation risk
- alternate dispute resolution
- review of trustee decisions
- disclosure update
Cases considered will include:
- Ashley Dawson-Damer v Grampian Trust Company Limited [2025] UKPC 32
- Re The Trustee Company, EF and GH [2025] NZHC 653
- Bundz v Anderson [2025] NZHC 887
- Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd & Ors No 2 (Bermuda) [2025] UKPC 34
- Barratt v Osborne [2024] NZHC 1733
- Farrand v Farrand [2025] NZHC 1527
- Gallagher-Dekker v Gallagher [2025] NZHC 3849
LEARNING OUTCOMES
Attendees will learn:
- the importance of managing beneficiary expectations, and tools to achieve this
- how the Trusts Act is embedding itself in practice
- practical observations from contemporary trust cases, and
- options open to disgruntled beneficiaries
SUITED TO
This webinar is targeted at all practitioners at all levels but will be of particular interest to practitioners who advise trustees, settlors or beneficiaries.
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Vicki Ammundsen Trust Law Limited
PRESENTER
Vicki Ammundsen, Director, Vicki Ammundsen Trust Law Limited
Vicki is a director at Vicki Ammundsen Trust Law. Vicki's approach to trust law is practical but also grounded in a good understanding of trust law principles, related legislation, and case law. As the author of a number of texts including Taxation of Trusts, the Trustee's Handbook and Trustee Liability, Vicki is well placed to provide advice on all areas of trust law.