In the Matter of the Representation of First Island Trustees Limited raises interesting considerations about the position of a trustee who finds itself in a situation where the family who was to benefit has effectively disavowed the Trust. The decision also highlights the practical aspect of anti-money laundering obligations and client due diligence where there … Continue reading
In the first significant decision since the Supreme Court decision in Greenpeace the majority of the Court of Appeal has allowed the appeal in Family First New Zealand v Attorney-General against the decision to de-register it as a charity. The High Court had previously considered that Family First did not qualify for registration as its … Continue reading
Miller v Cregten touches on the vexed issue as to settlor’s wishes to ensure that only identified beneficiaries benefit and that: “if a beneficiary is married, in order to protect the beneficiary from thepossibility of a matrimonial property claim in the event of a breakdownof his or her marriage, you should take into consideration the … Continue reading
Law v Law relates to an application by trustees for directions under s 66 of the Trustee Act regarding the proposed distribution of trust assets. The background of the case is essentially set out at [24] as follows: “Again, the Trustees appear to have approached the question of the payments to Elena with a primary … Continue reading
In the Estate of Tasman William John Berghan raises important questions regarding the legal fiction of adoption and the status of an adopted biological child to seek administration of the deceased’s estate. As noted at [9] “The effect of s 16(2) of the Adoption Act 1955 is that on adoption, Ms Sabin ceased to be … Continue reading
Greenpeace has been seeking registration as a charity since 24 June 2008. The original application to the (then) Charities Board, now Charities Services, was declined and subsequent appeals ultimately reached the Supreme Court. See Greenpeace appeal result – one all draw for further background and the following paragraphs from the 2020 High Court decision: “[3] The … Continue reading
Webb v Webb relates to whether a tax debt owed by the former husband in New Zealand is enforceable in the Cook Islands, and what that means in the context of the division of matrimonial property in the Cook Islands; the validity of two trusts settled on somewhat unusual terms; and valuation considerations when a … Continue reading
The facts of McAtamney v McAtamney are simple.Frank McAtamney was settlor and appointor of the Waimarie Second Family Trust. Notwithstanding that Frank’s late wife had no power of appointment, Frank and his wife twice purported to appoint new trustees.As set out at [11] and [12]:[11] Frank has now received legal advice that those deeds of … Continue reading
PR Law Queenstown No 1 Trustees Limited (In Liquidation) relates to an urgent application by PR Law Queenstown No 1 Trustees Limited (In Liquidation) (the Company) who is one of two corporate trustees for directions under s 66 of the Trustee Act 1956 for the sale of trust owned shares to meet liabilities incurred as … Continue reading
In Jacomb v Jacomb Cooke J provides a considered assessment of disclosure in the context of a troubled and disenfranchised beneficiary. The case highlights the need for careful analysis of facts when seeking disclosure, the relevant principles, and importantly given that the Trusts Act 2019 will come into full force and effect on 30 January … Continue reading
