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Fairness to all beneficiaries

The key facts of Tata v Abrams are set out in [2] of the judgment as follows: … Donna and Reginald’s mother, Violet Tata (Violet), passed away on 19 March 2008. Donna was one of two executors appointed under Violet’s Will. The other executor, Ms Judy Kaka, passed away in 2016. Donna assumed responsibility for … Continue reading

Just and reasonable remuneration

Unless the terms of a trust provide otherwise trustees act gratuitously. See section 37 of the Trusts Act 2019. Importantly, where the terms of a trust do not provide for payment to trustees, the Court can order payment of remuneration pursuant to section pursuant to section 139 of the Trusts Act, which provides as follows: … Continue reading

Better

Better Public Media Trust (the Trust) appeals against a High Court decision declining its registration as a charitable trust. The key issue on appeal as noted at [2] is: As noted at [5]: “… We are required to assess the facts and apply the relevant law to those facts. In this case, that involves us … Continue reading

A bit special

The liquidation of Cryptopia Limited, which rana cryptocurrency exchange, is complex and involves “… complex arrangements regarding around 370 functioning cryptocurrencies owned by some 960,000 holders of accounts with positive balances in around 180 countries.” Cryptocurrency is property that can be held by a trust. See Can’t see it, cant’s touch it, can’t explain it. … Continue reading

Rational

Wallace v Wallace relates to a decision of the trustees of the Ione Wallace Trust (the Trust) to bring forward the Trust’s vesting date. As set out at [4]: “The trustees wish to bring forward the vesting date and distribute the funds they currently hold to the six final beneficiaries named in the Trust. One … Continue reading

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