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Effective 1 July 2026 the thresholds that apply to residential care subsidy (RCS) applications have been updated. The assets limits for the 65 + demographic are now: The gifting limit for the five-year period before an RCS application is now $8,500 per annum. This means that the threshold for allowable gifts during the gifting period … Continue reading
In an application for a blessing order by the trustees of the Palliser Family Trust (the Trust), the High Court dispensed with service on a wide group of beneficiaries and consented to the proposed settlement on behalf of these beneficiaries who were considered to have no real prospect of benefitting from the Trust. The Court: … Continue reading
The High Court decision in Otaraua Hapū Management Committee Incorporated v Commissioner of Inland Revenue highlights the consequences of deregistration and the corollary observation that filing obligations are core to charitable accountability. By way of background Otaraua Hapū Management Committee Incorporated (Otaraua) was a registered charity providing services to its hapū and wider community. After … Continue reading
In the anonymised High Court decision Smith v Koppens [2026] NZHC 759 a constructive trust is imposed by reference to the principles of Lankow v Rose on account of advances made by “Jane” who had expected to live in a trust owned property. By way of background the dispute arose in circumstances where a … Continue reading
Budget 2026 introduced a new ceiling to limit donation tax credits The Taxation (Budget Measures) Bill (No 3) (the Bill) implements this through an amendment to section LD 1 of the Income Tax Act 2007, to provide a maximum threshold of $100,000 of gifts qualifying for the donation tax credit (resulting in a maximum annual … Continue reading
The Supreme Court has denied leave to appeal the Court of Appeal judgment in Gatfield v Hinton, that upheld a High Court decision ordering tethered mediation and arbitration. For background see May and New is not a reason not to. As noted by the Supreme Court at [9]: References
“Protectors,” although are not a common feature of New Zealand trusts, they are not entirely unheard of. While there is no barrier to the appointment of a protector the term protector is not defined in the Trusts Act 2019. The role of the protector developed in offshore jurisdictions where it was more common for the … Continue reading
In Public Trust v McSaveney the death certificate refers to “Dementia Years.” That might be considered dispositive of an application for probate in solemn form where the will-maker died less than 18 months after her final will. Becroft J’s decision warrants careful consideration as she traverses the cost benefit analysis of medical assessment and experts … Continue reading
The Supreme Court has granted leave to appeal the Court of Appeal decision in RH & JY Trust v WorkSafe New Zealand. The approved question is “…whether a trust and/or the trustees of a trust acting collectively is a “person” within the meaning of s 16 of the Health and Safety at Work Act 2015? … Continue reading
Tension between trustees and beneficiaries is a common feature of trusts. However, when this tension compromises the administration of a trust, trustee appointments may warrant review. In Smith v Campbell the UK High Court considers an application for removal of trustees in the context of a dynastic trust where there had been a breakdown of … Continue reading
Matters of Trust 