Trusts are commonly used for secession planning providing, at least conceptually, for long-term asset ownership that will not be disrupted by death. That’s the theory anyway. However, the passage of time and the appointment and removal of trustees can mean that once harmonious relationships and arrangements are no longer so. The decision in Guest v … Continue reading
As noted in Van Boxel v Van Boxel at [4] “The application arises in what are familiar circumstances to this Court. The Trust owns a number of properties of which all three trustees are registered proprietors. Although Mr van Boxel holds enduring powers of attorney from his wife it is a matter of record that … Continue reading
Glasgow Harley Trustee v McLaughlin relates to an application for orders approving the trustees’ decision to defend proceedings against them. As noted at [3]: “Applications of this kind are commonly referred to as Beddoe applications. A succinct description of a Beddoe application appears in Garrow and Kelly Law of Trust and Trustees: The general rule is … Continue reading
CIR v Robertson relates to the recovery of GST paid by the Commissioner of Inland Revenue from the liquidator of corporate trustee Hukatere Coastal Trustees Limited (Hukatere) that received the GST in question. The case is a relevant reminder of the importance of recognising the corporate aspects of trustees and the risks to liquidators when … Continue reading
Capacity is fundamental to the legality of a person’s decisions. This is relevant in the context of wills, asset and estate planning, and trusts. For practical guidance on the assessment of capacity by professionals see Clients with incapacity – Issues for Professionals. References: Capacity Tools
Certainty as to the subject matter of a trust is one of the three fundamental requirements as to a trust. How digital assets are defined for trust purposes and generally is now an important asset and estate planning consideration. The explosive growth of social media, digital storage and internet passwords means that careful consideration needs to be given as … Continue reading
The bright-line test came into force on 1 October 2015. When the legislation was at Bill stage it was signalled that the bright-line test was intended to come into force on 1 October 2015, as was the case. GG & GE Blackburn Trustee Limited (the Trustee) is the trustee of the Blackburn Family Trust (the Trust). On … Continue reading
Times change, and so do charitable purposes. The recent case of Re Otago Foundation Trust Board highlights that even a charity set up with the best of good intentions might run the risk of becoming moribund owing to societal changes. The original trust was settled under the will of Robert Campbell in 1904. It left … Continue reading
H.W. Fowler’s opinion was that in using presume, the speaker believes the supposition is true and will believe it until he learns otherwise. In using assume, the speaker feels no certainty that his supposition is true or not. In a legal context, presume means “to take as proved until contrary evidence is presented.” Ex. The … Continue reading
Professional trustees are carrying the can! There have been a number of recent cases where professional trustees have been financially caught out where the trustee is held liable, although not in breach of trust, or fails to be entitled to recover costs or be indemnified from the trust fund. The trustees are all too often … Continue reading
