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Trustee of digital assets

Certainty as to the subject matter of a trust is one of the three fundamental requirements as to a trust.  How digital assets are defined for trust purposes and generally is now an important asset and estate planning consideration. The explosive growth of social media, digital storage and internet passwords means that careful consideration needs to be given as … Continue reading

Spotlight on the “bright-line” test

The bright-line test came into force on 1 October 2015. When the legislation was at Bill stage it was signalled that the bright-line test was intended to come into force on 1 October 2015, as was the case. GG & GE Blackburn Trustee Limited (the Trustee) is the trustee of the Blackburn Family Trust (the Trust). On … Continue reading

The passage of time

Times change, and so do charitable purposes. The recent case of Re Otago Foundation Trust Board highlights that even a charity set up with the best of good intentions might run the risk of becoming moribund owing to societal changes. The original trust was settled under the will of Robert Campbell in 1904. It left … Continue reading