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When the going gets tough – litigate and litigate and litigate …

Some cases seem to have eternal existence.  The original matter of Spence v Lynch is one of these.  The are now at least 9 recorded decisions by my count named either  White v Spence or Spence v Lynch.  The first case was written up in this blog as Dominant trustee architect of loss.  The name was apt then, … Continue reading

Trusts and privacy

In New Zealand the Law Commission has recommended that there not be a register of trusts in New Zealand.  See Review of the Law of Trusts: A Trusts Act for New Zealand at 18.28. The Law Commission view that this is too blunt an instrument to use to improve accountability to beneficiaries. While the privacy … Continue reading