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Diminution of charity

New Zealand has an extraordinary number of family trusts.  This love affair with trusts, perhaps not surprisingly, is not limited to family trusts and is mirrored in the number of charitable trusts.  One issue with the number of charitable trusts is the fragmentation of potential resources and how these can be diminished through administration, legal … Continue reading

Common intention constructive trust deconstructed

The common intention constructive trust is a rare beast.  Its remedial potential had a brief moment of sun until the Court of Appeal delivered its decision in Harvey v Beveridge. The facts of Harvey v Beveridge can be summarised as follows: Mr Beveridge was befriended by Dr Byrd who provided him with a home in a … Continue reading

Government supports proposed new Trusts Act

The Government had confirmed its support for a new Trusts Act to replace the current Trustee Act 1956. However, don’t expect anything to happen fast. The Law Commission has made 51 recommendations and so far the Government has only endorsed one, which is the recommendation for a new Trusts Act. The remaining 50 are still … Continue reading

Common intention constructive trust, or not …

The common intention constructive trust is the hot and hip new remedy in the arsenal of the savvy trust lawyer.  So perhaps it is not surprising that when A lister Sally Ridge fell out with her equally sociable partner that such a claim might be made.  The genesis of the claim derived from some restructuring … Continue reading