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Where an executor has concern as to a will-maker’s capacity, the appropriate course of action is to seek probate in solemn form. Public Trust v The Cancer Society of New Zealand, Otago and Southland Division Incorporated provides a useful example of the importance of contemporary evidence of capacity (where incapacity was not identified by the person taking … Continue reading
McLauglin v McLauglin relates to claims regarding the management of a family trust and the cost consequences of the proceeds, which are significant. The background of the matter is summarised by French J, who delivered the Court of Appeal’s decision as follows: The trust that is the subject of these proceedings, the Ashely Trust (the … Continue reading
Kain v Public Trust relates to an application for disclosure of a deed that brought forward the distribution date of the Te Mata Property Trust (the Trust). This deed distributed the entirety of the Trust’s assets and had the effect of terminating certain beneficial interests. The background of the matter is set out in [4] … Continue reading
The introduction to the interim judgment in Jin v Luo at [3] sets the scene for the 489 paragraph judgment as follows: By way of background Jin v Luo relates to a break down in a business relationship that was complicated by the lack of documentation regarding the purchase of a number of properties. The … Continue reading
It is not uncommon for will-makers to specify the age at which beneficiaries are to benefit. The question is, if the beneficiaries have capacity, must they wait? Telford v Telford answers this question by reference to the rule in Saunders v Vautier, and more latterly section 121 of the Trusts Act 2019. By way of … Continue reading
Section 8 of the Trusts Act 2019 confirms the inherent jurisdiction of the High Court to supervise and intervene in the administration of a trust (except to the extent that the Trusts Act provides otherwise). Te Whanau Tupu Ngatahi O Aotearoa Playcentre Aotearoa relates to application for approval of changes to the a charitable trust incorporated … Continue reading
Section 14 of the Wills Act 2007 provides for wills that do not comply with the formal requirements of the Wills Act to be validated. Validation is at the discretion of the Court. Section 11 of the Wills act sets out the requirements of a valid will as follows: In Public Trust v Forster the … Continue reading
In Hita v Hita[1] the deceased left his entire estate to one of his children. The background of matters is set out at [1] and [2] of Anderson J’s decision as follows: A secret trust is an arrangement between a will-maker and a trustee that is effective on death.[2] As noted by Anderson J at … Continue reading
Asset protection is a common reason for settling assets onto a trust. However, where there are debts owing from trustees back to the settlor, these debts remain an asset in the settlor’s hands. How such debts are treated following bankruptcy is explored in the Official Assignee v Black. In that case Nigel Black (Nigel) and … Continue reading
Re Peers relates to a trust with a 32 year vesting date that is now somewhat inconvenient due to the nature of the trust’s assets and a tax liability that will be incurred on the vesting day. The solution proposed was an amendment to the vesting date. Osborne J saw no detriment on behalf of … Continue reading
Matters of Trust 