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Invalid wills

The importance of getting wills right is obvious given that at some point, it will be the will-maker’s last words.  However, it may not be well appreicated that the Wills Act 2007 contains a section allowing wills that otherwise do not meet the required formalities can be declared valid by the High Court.  Since the … Continue reading

Result of resulting trust argument unjust but correct

Caveats can be useful for preventing property being transferred when it might defeat the caveators real ability to recover a debt owing or the due return on an unregistered property interest. However, to maintain a caveat it is necessary to show not only a debt or interest, but also how this debt or interest is connected to … Continue reading

Beneficiary rights webinar

Vicki Ammundsen is presenting a webinar on Beneficiary Rights on 20 August 2014 at 10.30am. This webinar  will provide an in-depth study of the often over-looked trust subject of beneficiaries and  their rights. This webinar, which will conclude with a question and answer section, will utilise a case study to highlight beneficiary’s rights and how these … Continue reading

Danger Will Robinson

Corporate trustees are a common feature of modern trusts.  Professionals increasingly act through corporate trustees to address concerns over liability.  While some concern has been raised about the wisdom of utlising uncapitalised corporate trustees – the practice is widely acknowledged and accepted. Where views diverge is on when or whether corporate trustees should accept multiple appointments.  Unless … Continue reading

If you can’t play nicely …

It is fundamental to the role of a trustee that the trustee must act in the best interests of all of the beneficiairies.  This obligation can be sorely tested when the trustees are separated spouses or partners.  Many do not pass the test. When trustees cannot work together the prudent course of action is for … Continue reading

Putting trustees out to pasture

There is little that is attractive about aging.  However, it is a fact of life that must be faced.  In the life of a trust this fact must also be faced squarely and pragmatically.  Trustees are the “legal” face of a trust and as such own the trust property.  Trust fundamentals.  So far so good.  … Continue reading

Examining trustees

An order for examination can be sought after judgment has been obtained agains a debtor to determine the debtor’s means.  Where an order is made the debtor is brought before the Court  and examined about his or her financial situation. However, it is not always appreciated that if the judgment relates in whole or in part to … Continue reading