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The decisions in Francis v Fishbowl Trustee Stanley Limited both include applications for leave to commence proceedings by originating application. In Francis v Fishbowl, where the substantive proceedings relate to the appointment of a receiver under section 138 of the Trusts Act 2019 the application was not granted. The background to this matter is expressed … Continue reading
AB and BB v CB, DB and EB relates to an application for rectification of a trust deed to remove the requirement for an independent trustee in circumstances where the original trustees were the settlors and a solicitor who was related by marriage. The settlors were of the view that the strict requirement for independence … Continue reading
In Estate of MTMW Pepere Boldt J declined to validate a transcript of two videos as a valid will. Boldt J noted that the deceased was plainly unwell and that it would have been impractical to draft and execute a formal will. Boldt J recorded at [8] that a “… transcript of a video recording … Continue reading
The question posed by the court in An application by Hoglie Trustees Limited as trustee of the Larry Robertson Family Trust was whether the Larry Robertson Family Trust (the Trust) was void from inception due to lack of certainty as to the Trust’s objects. Relevantly section 15 of the Trusts Act 2019 provide that: As … Continue reading
Matters of Trust 