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Proposed abolition of the Charities Commission

The Charities Commission was established pursuant to the Charities Act 2005.  Since establishment the Charities Commission has been responsible for the registration of charities together with a responsibility to promote public confidence in the charitable sector. To date the Commission’s views have been upheld in 10 of the 11 challenges against the Commission’s registration decisions to the High Court.   Any … Continue reading

A bare trust by any other name

A bare trust arises where property is held by a trustee who can only act on the direction of the trust’s beneficiary.  Bare trusts can arise inadvertently or by design.  The recent decision in Mudgway v Tetra House Trustee Limited, which considers the sustainability of a caveat involves some consideration of whether the trust in question was a bare trust.   See paragraphs … Continue reading

Trusts and residential care subsidies

Approximately 19,000 New Zealanders in long-term residential care receive a residential care subsidy (RCS), that is financial assistance with long-term care once a person is no longer able to be cared for at home.   To qualify for a RCS a person must first be able to show a limited level of assets.  However, if a … Continue reading

Trustees under further fire

Costs decisions could be considered pretty dull reading.  However, if you are a trustee of a trust, you might be wise to upskill on how you might fare on the costs front if involved in court proceedings, regardless of whether you are pursuing or defending. While in some circumstances the trustee may be able to recover … Continue reading

Trustee ahead (for now) in the recent decision

A trustee has come out on top against liquidators when the liquidators attempted to recover payments relating to investments made without that trustee’s knowlege.  However, whether the beneficiaries will be as sanguine about matters as the court is not clear. See https://mattersoftrust.wordpress.com/trust-law-update/rea-and-sargison-v-russell-trustee-liability-in-the-context-of-voidable-transactions/

Being asked to be a trustee

Being a trustee is not all honour and glory and can often entail liability and misery.  For some of the questions to consider if you are asked to be a trustee see https://mattersoftrust.wordpress.com/trustees-101/ive-been-asked-to-be-a-trustee/.