Description
Gain the practical insights and drafting confidence you need to create cohesive, fit for purpose trust deeds
Section 39 of the Trusts Act provides that advisers are required to alert settlors regarding any recommended exclusion or modification of default duties. However, as a practical matter, anyone advising on the preparation of a trust deed needs a full understanding of the entirety of the trust terms and how these reflect settlor wishes and what trust terms mean for trustees.
In this practical webinar, which will include a comprehensive paper and sample clauses, Vicki Ammundsen will guide her audience through the key clauses in trust deeds ranging from interpretation of definitions through to bespoke liability and exemption clauses to ensure a cohesive trust deed that is fit for purpose.
The webinar, which will conclude with a section of variation and rectification will reference contemporary case law to highlight pit falls and traps for the unwary as well as providing invaluable drafting guidance.
Topics covered:
- Drafting appropriate definitions
- Interpretation
- Powers of appointment
- Mandatory and default trustee duties
- Trustee renumeration and liability, and
- Rectification
Cases considered will include:
- McKean v McKean Family Trustee Limited [2026] NZHC 107
- In the Matter of the Helsef Family Trust [2025] NZHC 4085
- In the Matter of the Estate of Hyman Marks [2025] NZHC 3111
- Re The Trustee Company, EF and GH [2025] NZHC 653
- Hoglie Trustees Limited as Trustees of the Robertson Family Trust [2024] NZHC 2832
- Barratt v Osborne [2024] NZHC 1733
- Cooper v Pinney [2024] NZSC 181
- Legler v Formmannoij [2024] NZSC 173
- Cain v Martin [2024] NZHC 715
- Sherwin v JKA Holdings Limited & Ors [2024] NZHC 920
- Perpetual Trust Limited v Cooke [2024] NZHC 1779
- Dewat v Lal [2023] NZHC 1908
- Merona Trustees Limited [2022] NZHC 1971
- McGowan and Valentini Trusts [2021] VSC 154
LEARNING OUTCOMES
Attendees will:
- be guided though different options for what might be considered “standard clause”
- learn the rules of interpretation that apply to trust deeds
- learn how to review and amend clauses in trust deeds; and
- how to confidently navigate and explain trust terms to clients.
SUITED TO
This webinar is targeted at practitioners at all levels but will be of particular benefit to legal executives, junior and intermediate lawyers and accounting professionals.
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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.