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Trust reversals and residential care subsidies

Eligibility for a residential care subsidy (RCS) is dependent on the applicant meeting stringently applied asset and means limits.  Where assets have been transferred to a trust, an applicant can still qualify for a subsidy, provided that any amount of gift counted back, does not exceed the permissible asset threshold. Some people, who would otherwise qualify for … Continue reading

Relationship property limits trustees’ choice of forum

The jurisdictional boundaries of the Family and High Courts are not always entirely clear in trust matters.  While the Family Court has exclusive jurisdiction in relationship property matters, the Property (Relationships) Act 1976 provides that proceedings can be transferred to the High Court in certain circumstances.  Further, even if the Family Court is accepted as the appropriate jurisdiction, it may be that … Continue reading

“But the trustee told me to …”

The decisions in Eden Refuge Trust make sobering reading for any person acting under a trustee’s instructions.  The proceedings (see Eden Trust v Hohepa) relate to claims against a trustee for breach of trust and conversion, and claims against the solicitor acting for the trust for breach of fiduciary duty, knowing receipt and dishonest assistance. By way of … Continue reading