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Null and void

The background to Hamilton v Kirwan can be set out as follows: A 58.9450 hectare block of rural land (the Property) was purchased in 1984 In December 1997 the Property owner’s daughter began living on the Property.  In 2000 she built a dwelling on the Property part of which was funded by a $20,000 advance … Continue reading

Keep calm and carry on!

The Trusts Act 2019 came into full force and effect today, 30 January 2021 and the Trustee Act 1956 and Perpetuities Act 1964 are repealed. Hello and good bye. The purpose of the Trusts Act is to make trust law more accessible to trustees and beneficiaries and to strengthen the ability of beneficiaries to hold … Continue reading

Put up or shut up

Neumegen v Durrans relates to an application under s 75 of the Trustee Act 1956.  While such applications have not been common to date, moving forward, as more beneficiaries become aware of trust and their rights, it might be expected that such applications will become more common place. In Neumegen v Durrans the executor applied … Continue reading