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‘Come hither, Little One,’ said the Crocodile

The great tragedy of any will that  omits children, or provides for a grossly disproportionate split, is the difficulty to assess the whys and hows of the matter when the who is dead. Matters can be further complicated when the sole recipient of their parent’s bounty is also the sole executor. Consider for example Estate … Continue reading

Protector powers – fiduciary or not?

While “protectors” are not a common feature of New Zealand trusts, they are not entirely unheard of.  A protector might be described as a hybrid of a trustee and an appointor.  This is a fairly inelegant statement of the term, but hopefully it gets the idea across.  The role of the protector developed in offshore jurisdictions where it was more … Continue reading

Buyer’s remorse

The expression “Beware Greeks bearing gifts” as been attributed to  the story of the wooden horse of Troy, used by the Greeks to trick their way into the city. It is recorded in Virgil’s Aeneid, Book 2, 19 BC: “Do not trust the horse, Trojans. Whatever it is, I fear the Greeks even when they … Continue reading