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Trust fundamentals

Trusts are a common form of asset ownership. However, the rights and obligations associated with trusts, and even simple matters such as contracting with trusts are not always well understood. On 26 February 2020 Vicki Ammundsen is presenting a webinar on trust fundamentals.  The webinar will introduce basic trust concepts and will use a case … Continue reading

A judge’s insight on Beddoe applications

Ten years ago, very few New Zealand practitioners were aware of or made use of Beddoe applications. More recently Beddoe applications have become increasingly important for trustees who are wanting to protect themselves in regard to costs in trust litigation. However, there are some very important points trustees need to bear in mind regarding Beddoe … Continue reading

Expedient

Re Eliza White Board of Management considers the practical aspects of laying a scheme before the Court when a charitable trust’s purposes become “no longer possible, practicable or expedient.” While fact specific the case provides useful guidance as to the matters to traverse in such applications. Also see In the Matter of the Sefton Public … Continue reading

Fair is a relative concept

  Families are funny old things.  Blood is thicker than water (fact).  But when it comes to who should get the most after Mum and Dad have died, perceptions can become quite  skewed. In Ngui v Ngui the surviving parent left her estate to her four children in equal shares.  So far so fair.  However, one … Continue reading

The distinction between discovery and disclosure

The distinction between discovery and disclosure can appear esoteric and academic.  However, as identified in Hoeberechts v Sprott each serves a different function, the purpose of which warrants the relevant reflection.  The temptation, whichever is being sought is overreach.  Importantly less truly can be more, and more, can result in so much less that forward propulsion … Continue reading

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