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vickiammundsen

vickiammundsen has written 438 posts for Matters of Trust

Beneficiaries tracing misappropriated funds

  Thomas Young sued (as a trustee and as a beneficiary) the widow of the former trustee John Hunt allegeing the theft of $146,175 from the Twiss Family Grandchildren’s Trust. The background is set out as follows at [3] to [6]: “[3] The Trust was settled on 1 April 1991. The settlor was Mr David … Continue reading

Who pays the piper?

Under New Zealand’s tax rules, rental income from land belongs to the owner of the land and it is the owner who must declare the income to Inland  Revenue.   Where the property is owned by a trustee or trustees, this obligation falls on the trustees because, as a general proposition, where a property is held … Continue reading

Balance of convenience is best interest of beneficiaries

  The proceedings in McLaughlin v McLaughlin relate to a dispute between the beneficiaries and trustees of the Ashley Trust (the Trust) and whether there should be an interim injunction to prevent the trustees from proceeding with the next stage of a development of trust property. By way of background see A little light on Beddoe … Continue reading

The great NZ trust crackdown

The way many New Zealanders manage their assets is set to change dramatically. Reforms to the laws governing trusts in New Zealand, due to come into force on 30 January 2021, are expected to trigger a massive reduction in the number of trusts. The Ministry of Justice estimates there are currently between 300,000 and 500,000 … Continue reading

Trust validity

In 2017 MezhProm Bank v Pugachev (see The Curious Story of the Angora Cat) heralded the possibility of a whole new sham genre of true effects as the new trust illusion. Fast forward to 2019, and where has this taken us?  Perhaps surprisingly, not very far at all. MezhProm Bank v Pugachev was soon followed by the … Continue reading

Rights to information prevail

Disclosure is  a live matter in the context of discretionary trusts during the transition from the current position (at the discretion of the trustee with no presumption for or against) to what the position will be when the Trusts Act 2019 applies from 30 January 2021. Addleman v Lambie Trustee Limited  (see Disclosure request declined … Continue reading

I didn’t read it …

The background to Kusabs v Staite, which relates to the rectification of a lease, is complex and fact specific and highlights the need for parties to written documents to ensure an accurate record of the agreement that is being recorded. Relevant considerations from the Court of Appeal include: the standard of proof for rectification is … Continue reading

Inherent jurisdiction at work

Santeater Limited v Wakelin highlights issues that can arise with the use of corporate trustees when the persons with the power to appoint and remove trustees are not able to work together. In this case the are two corporate trustees appointed to the Black Dog Trust (the Trust), one appointed by each settlor.  One of the … Continue reading

To gift or not – what did I intend?

The decisions in Reid v Castleton-Reid and Tian v Zhang highlight the importance of recording not only transactions, but also the parties’ expectations.  Reid v Castleton-Reid relates to the correct characterisation of a $1.7m trading account.  Tian v Zhang relates to whether sums advanced represented a dowry or were held on resulting trust.  In both cases the judgment … Continue reading

Regular pattern not just a knitting matter

The rules that tax certain sales of land include exclusions relating to a person’s main home.   These exclusions are not meant to apply where the taxpayer has a “regular pattern” of buying and selling land used as a main home, residence or business premises. A tax policy consultation document, Habitual buying and selling of land, released … Continue reading

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