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It’s not a beauty parade

Trusts are commonly used for secession planning  providing, at least conceptually, for long-term asset ownership that will not be disrupted by death.  That’s the theory anyway.  However, the passage of time and the appointment and removal of trustees can mean that once harmonious relationships and arrangements are no longer so. The decision in Guest v … Continue reading

Removal of trustees

As noted in Van Boxel v Van Boxel at [4] “The application arises in what are familiar circumstances to this Court. The Trust owns a number of properties of which all three trustees are registered proprietors. Although Mr van Boxel holds enduring powers of attorney from his wife it is a matter of record that … Continue reading

A little light on Beddoe applications

Glasgow Harley Trustee v McLaughlin  relates to an application for orders approving the trustees’ decision to defend proceedings against them.  As noted at [3]: “Applications of this kind are commonly referred to as Beddoe applications. A succinct description of a Beddoe application appears in Garrow and Kelly Law of Trust and Trustees: The general rule is … Continue reading

Mistakes abound

CIR v Robertson relates to the recovery of GST paid by the Commissioner of Inland Revenue from the liquidator of corporate trustee Hukatere Coastal Trustees Limited (Hukatere) that received the GST in question. The case is a relevant reminder of the importance of recognising the corporate aspects of trustees and the risks to liquidators when … Continue reading

Who determines capacity?

Capacity is fundamental to the legality of a person’s decisions. This is relevant  in the context of wills, asset and estate planning, and trusts.  For practical guidance on the assessment of capacity  by professionals see Clients with incapacity – Issues for Professionals. References: Capacity Tools  

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