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The simple math of transacting with trustees

1 does not equal 2. A trust is not a legal entity.  The trustees of a trust are the “legal” face of the trust.  When there is more than one trustee, generally all of the trustees must be party to the agreement.  These are fundamental propositions of trust law. That means that if the trustees of … Continue reading

High cost of failed argument

The common intention constructive trust is a rare beast.  When trying to make such an argument it is essential to have the facts right as demonstrated in the decision in Ridge v Parore (Common Intention Constructive Trust, or not).  The cost of getting the argument wrong in an argument that the court described as “doomed … Continue reading

Is worrying about trustee liability keeping you up at night?

If so, you still have time to register for the trustee liability webinar that Vicki Ammundsen is presenting for CCH Learning on 16th April 2014 at 10.30 This webinar, which will conclude with a question and answer section, will utilise a case study to demonstrate how trustee liability arises and the practical steps that can … Continue reading

You go, no you go

Trustees do not always get on as well as is necessary to do the job of being a trustee.  Friction in the trustee relationship can arise for many reasons, often, but not always, the friction relates to the break down of a family relationship. When trustees cannot get on the issue to be determined is … Continue reading

Scanned wills – OK or not?

The electronic age is upon us.  My own office is looking at a paperless environment.  Anyone who has actually seen my office will realise this is a pipe dream.  The practical reality is that the times they are a changing and scanned documents stored in the cloud is where it is largely at.  Wherever in … Continue reading

Round 5 to the trustees

The matter of Stokes v Insight Legal has resulted in one Court of Appeal and four High Court and  judgments. The facts can be boiled down to: Mrs Colebrook (since remarried, although in the court decisions she is referred to by her former married name) defaults on the purchase of a property the Vendors fail in their attempt … Continue reading