Disclosure requests in the context of trusts, wills and estate can raise complex issues that can require the assistance of the court to resolve, particularly following the introduction of the Trusts Act 2019 and before the expected case law that will be realised in due course. However, in some cases it is simply a matter of getting on with it. Van Rijn v Van Ryn provides such an example. In this case executors were appointed in a contentious estate matter by consent in November 2020 following a mediation. However, by May 2021 the estate still had not been finalised and although the principal assets had been distributed, information requests had been largely ignored. As noted at [6]:
The view of the Court and the attendant matters are helpfully summarised at [12]:
While rights to information under an estate that is being administered may differ to those in respect of a trust or testamentary trust (see transition from executor to trustee) the value of timely communication should never be overlooked. That said, it is also important to ensure proportionality to ensure the management of costs and relations with different factions of beneficiaries.
The consequences of failing to provide information in a timely manner can lead to adverse costs awards. See Turning of the tide.
References:
- Trusts Act 2019
- Administration Act 1969
- Van Rijn v Van Ryn [2022] NZHC 2498
- Rauch v Maguire [2010] NZHC 1009
- McGuire v Earl (Costs) [2021] NZHC 129
Matters of Trust 
Discussion
No comments yet.