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But wait, there’s more

The Supreme Court decision in Erceg v Erceg is the seminal case regarding disclosure of trust information to beneficiaries. Against the backdrop of that case, wider matters involving the Erceg family provide further jurisprudential consideration. Sain v Erceg relates to an Epsom property registered formerly in the name of the late Millie Erceg and latterly … Continue reading

Barring further claims

It is not uncommon for trustees to seek a release from beneficiaries prior to the final distribution of trust assets.   However, where beneficiaries are reluctant or unwilling a trustee may quite properly be concerned to protect the trustee’s position in the event of a subsequent claim. The avenues to address such a consideration were canvased … Continue reading

Between Buckton and the deep blue sea

Trustees looking for certainty regarding costs will commonly turn their minds to a Beddoe application. However, where costs are a live issue and the grounds for a Beddoe order may not be made out, an alternative course of action is to seek a prospective costs order.  While this may appear largely the sole dominion of … Continue reading

Destruction of notes factor in failed application for will validation

Re Estate of Olive Ruby Piper relates to an application for an order declaring  that a draft will prepared by Public Trust prior to Olive Piper’s death is her last will and testament pursuant to s 14 of the Wills Act 2007. The legislative basis is set out at [2] and [18] as follows: [2] … Continue reading

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