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Estimating capacity

Hooper v Thackwell came before the court by way of a formal proof hearing with respect to a claim brought by her daughter Karen. The background facts are not complex, but raise some complex questions, in particular whether a lawyer could ever rely on a waiver to act on both sides of a transaction that … Continue reading

Receiver appointed to a trust with no trustee

Booth and Magniness v Rahal relates to a successful application for the appointment of a receiver to the First Trust (the Trust). The Trust’s original trustee was First Trust Limited (the Company). The background is set out by Gault J at [3] to [9] as follows: [3] On 28 April 2017, the Company was incorporated. … Continue reading

The shape of a will

Grbavac v Vujcich relates to an application to recall probate on the basis that the deceased lacked testamentary capacity when he executed a codicil to a 2004 will in 2013. At the time of his death Joseph Grbavac’s estate was valued in excess of $10 million. The 2013 codicil reduced the number of executors, changed … Continue reading

Post-implementation review of trust disclosure

Inland Revenue has releaed a post-implementation review of the increased disclosure requirements that were introduced in December 2020 with application from the 2021–22 and later income years. See Trust disclosures post-implementation review Inland Revenue’s post-implementation recomendation is to retain the disclosure regime with changes to: The report is accompanied by the 2023 trust disclosure data and … Continue reading

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