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No hiding from the terms of the trust

One of the most fundamental pieces of advice to all intending or new trustees should always be to know the trust instrument, typically a deed of trust. It sets out the terms of the trust including the obligations and responsibilities of trustees, as well as clarifying some of the things they can and cannot do, … Continue reading

Directors are not owners

Pisidia Holdings Limited v Darby relates to an application to lapse notices of claim lodged against the title of seven properties following the end of the relationship between John Darby and Kristen Darby.  The land in question was owned as to a 2/5th share by Pisidia Holdings Limited (Pisidia), the shares in which are held … Continue reading

Result

Mr Brownsea purchased a property in the names of himself and Ms Malit in the hope that a relationship would eventuate.  It did not.  Mr Brownsea wanted the title to the property to vest solely in him, Ms Malit would not oblige. There was no relationship in terms of the Property (Relationships) Act 1976 (the … Continue reading

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