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vickiammundsen

vickiammundsen has written 418 posts for Matters of Trust

Reconstructive memories

Families are complicated.  Family agreements and arrangements all the more so.  Almond v Read highlights the consequences of family arrangements that are not recorded in writing.  The background facts are not disputed.  Ms Almond purchased land in Drury.  Two dwellings were built on the Drury property (the Property), one was occupied by Ms Almond and … Continue reading

First up, best dressed

Representation of the Rawlinson & Hunter Trusts SA re Z Trusts relates to appeals against three judgments of the Jersey Royal Court regarding the equitable rights of a former trustee and whether those rights take priority over the rights of other claimants to the assets of a trust whose liabilities exceed its assets, in other words, … Continue reading

No hiding from the terms of the trust

One of the most fundamental pieces of advice to all intending or new trustees should always be to know the trust instrument, typically a deed of trust. It sets out the terms of the trust including the obligations and responsibilities of trustees, as well as clarifying some of the things they can and cannot do, … Continue reading

Directors are not owners

Pisidia Holdings Limited v Darby relates to an application to lapse notices of claim lodged against the title of seven properties following the end of the relationship between John Darby and Kristen Darby.  The land in question was owned as to a 2/5th share by Pisidia Holdings Limited (Pisidia), the shares in which are held … Continue reading

Result

Mr Brownsea purchased a property in the names of himself and Ms Malit in the hope that a relationship would eventuate.  It did not.  Mr Brownsea wanted the title to the property to vest solely in him, Ms Malit would not oblige. There was no relationship in terms of the Property (Relationships) Act 1976 (the … Continue reading

Never look a gift horse …

The Court of Appeal decision in MSD v Broadbent takes a considered and principled approach to whether MSD can assess “notional” income on assets that have been transferred to family trusts.  For the background to this case see Notional income knocked back.  [Note that the decision relates to part 4 of the Social Security Act 1964 (the … Continue reading

Capacity in context

Jellyman v Jellyman is about two children with different views as to what is in their mother’s best interests.  The matter came before the court because Mrs Jellyman was a trustee of a testamentary trust under her late husband’s will.  Her son Maurice was the other trustee. Mrs Jellyman wanted to sell her home in Hastings … Continue reading

Loss of morale

Triezenberg v Mason (As to power and appointment and costs) follows the earlier trustee removal decision.  See Buyer’s remorse. By way of background the High Court removed Mr Mason and his incapacitated wife as trustees of two family trusts.  A rift had occurred between the competent trustees that had resulted in significant dysfunction.  No orders … Continue reading

What’s left for the “spouse”?

The Property (Relationships) Act 1976 (the PRA) has primary jurisdiction over relationship property.   However, when there is a trust (or trusts) in the mix, the final division of property can  be complicated – and often neither side (nor the settlors or trustees who may be caught in the cross-fire) will consider the end result just … Continue reading

If in doubt – do it, but cover your butt

Mrs Elizabeth Sandman, executed her final will on 2 December 2010 (the 2010 will) and later died on 30 October 2013.  Her estate was subsequently distributed in accordance with that will. Under her will she left her son Mark Sandman the apartment that he occupied. There were also a number of other minor bequests. The … Continue reading

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