For the want of a deed

Testamentary trusts are not uncommon. However, trusts deriving from wills are not generally drafted in “conventional” form. This practical reality can lead to unintended administrative hurdles. Re McKay addresses this from a practical construct. By way of background, as noted at [2]:

As set out at [9]:

It is suggested that the reasoning of the court is not limited to charitable trusts and that this case provides practical guidance for trustees of trusts with limited or no documented terms.

References:

• Re McKay [2023] NZHC 1527
• Re Neil Barr Farm Forestry Foundations [2014] NZHC 2324
• Re Estate of Gammack [2021] NZHC 86
• Trusts Act 2019
• Charitable Trusts Act 1957