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The Supreme Court Writes Back

The long-awaited decision (issued in fact as two separate decisions) in Clayton v Clayton were released today (23 March 2016). The first decision relates to the Vaughan Road Property Trust (VRPT) and the second to the Claymark Trust. Background Mr and Mrs Clayton commenced a de facto relationship in 1986 and married in 1989. They … Continue reading

The new wave of trusts?

Work Safe New Zealand.New Zealanders are reported to have more trusts per head of capita than anywhere in the world.  Whether this is true or not cannot be verified as there is no register of New Zealand family trusts. The secrecy that surrounds trusts is one aspect of why they have remained so popular.  While … Continue reading

Boys will be boys

When embarking on asset and estate planning, an important but often overlooked enquiry is as to how the next generation will manage the assets (and what those assets might be) and who sensibly should be in charge.  Consider the case of Frickleton v Frickleton. In this case one of four sons ends up as the sole executor … Continue reading

You can run, but you can’t hide

Relationships end.  Sometimes badly.  Few amongst us can remember what we saw in the other.  Usually we move on.  Bruises are dusted.  The property is divided up, each thinks the other got more than they should have.    Some of us are made of stronger stuff.  Relationship property assets under the control of a single party to the … Continue reading