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31 or 32, what is the Court to do?

In Re Estate of Kamo relates to the interpretation of a clause in a will that on the face of it, offends the rule against perpetuities.  The clause in question provides that: “I DIRECT the residue of my estate shall be administered by the Public Trustee as Trustee to provide a scholarship to be known as … Continue reading

Incipiently insolvent

Sometimes, an estate will be known to be insolvent from when the individual dies. If the deceased was already declared prior to death, the Official Assignee (OA) carries on as normal. But what happens if it becomes apparent sometime after death that the estate is insolvent and how does this affect the executor/trustees? This issue … Continue reading

The smell of Jasmine

Where a trustee wishes to retire, the first inquiry as to how to do so, must be to the terms of the trust.  If the trust instrument is silent, then the provisions of the Trustee Act 1956 will prevail.  However, what might the position be if the trust instrument provides for retirement, but does not … Continue reading

Wills during the pandemic

  The Epidemic Preparedness (Wills Act 2007—Signing and Witnessing of Wills) Immediate Modification Order 2020 (the Order), is a temporary order that was made under the Epidemic Preparedness Act 2006. The Order came into force on 17 April 2020 and will be revoked when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked. The … Continue reading

What the hell does this mean?

As the Trusts Act 2019 coming into full force and effect in 2021 gets closer, many reviews of trusts deeds are being carried out to determine what a presumption to notify each beneficiary of basic trust information will look like.   While for many trusts the issue is a wide class of beneficiaries, for others the … Continue reading

Termination – a bridge too far?

An Application by the Roman Catholic Bishop of the Diocese of Hamilton explores the question as to whether the Court has the power pursuant to its inherent jurisdiction to wind up a charitable trust (and by default the interplay between s 64 of the Trustee Act 1956 and s 33 of the Charitable Trusts Act 1957).  … Continue reading

Abandonment issues

In the Matter of the Zoanz Trust provides a practical solution where the settlor trustees no longer wish to participate in day-to-day trust administration.  As noted at [11]: “The property requires remedial works due to weathertightness issues and the body corporate has issued levies to the Trust. Approximately $250,000 is outstanding. It is necessary for the … Continue reading

A fishing we shall go?

Kirby v Kirby is an application for tailored discovery in the context of a Family Protection Act claim in circumstances where the deceased left the residue of his estate after payment of expenses to a trust, the Jubilee Trust (the Trust).  The application, which was made by one of the deceased’s two children is defended by … Continue reading

Cost of failure

The proceedings in Bone v Tuck relate to an application for the removal of Mr Tuck as a trustee of the Tuck Family Trust (the Trust).  The background can be explained as follows: [3] Ms Bone alleged that Mr Tuck had not acted appropriately as a trustee and ought to be removed. [4] Mr Tuck … Continue reading

Terms of trust appointing attorney

Parsonage v Parsonage relates to the currently vexed matter as to whether an attorney under an enduring power of attorney (EPoA) can exercise powers to appoint / remove trustees.  In Parsonage the relevant clause was as follows: 20 (a) THE power to appoint new Trustees shall be vested in Mary Parsonage during her lifetime and after … Continue reading