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Cooper v Pinney is a second appeal and cross-appeal, by leave, from a decision of the Family Court that ascertained relationship and separate property following a relationship break down. At the heart of the matter was the treatment of a discretionary trust settled during the relationship to receive property by way of resettlement from a … Continue reading
Estate of RB Walton helpfully sets out the procedure where an executor fails to obtain probate, but will not renounce or provide the original will. The relevant considerations are set out at [8] to [11] as follows: The end result in Estate of RB Walton was the appointment of an independent administrator, this being required … Continue reading
As noted in Re Estate of Glue section 136 of the Trusts Act 2019 provides a “broader, more flexible” determination of ‘reasonable measures’, compared to what has been described as the repealed Trustee Act’s “long and impenetrable provision.” This has been achieved by codifying a common law jurisdiction that gives the Court broad powers to … Continue reading
Principles of tikanga and trust law are both inextricably linked with land ownership and benefit from land ownership. That said, care is required when equating tikanga principles with a generic concept of Pākehā law. Doney v Adlam provides a practical example of the tensions between Pākehā law and tikanga principles. The background to this case … Continue reading
The original purpose of the self-dealing rule, which dates from at least 1725 was to enable a beneficiary of a trust to avoid any transaction involving a trustee’s purchase of trust property. The rule is rooted in a fiduciary’s duty of loyalty to his or her principal and is intended to apply “whenever a fiduciary … Continue reading
The most recent decision in the long-running Lambie Trustee Limited v Addleman relates to costs on account of a judgment of the Supreme Court delivered in 1 June 2021. In that judgment as noted in the case in hand at [1] “.. with one clarification, the Courtdismissed an appeal brought by Lambie Trustee Ltd (LTL). … Continue reading
The background to Duffy J’s 2022 decision in Addleman v Lambie Trustee Limited is set out at [1] and [5] as follows: For further background see It’s mine said the trustee, all mine and Disclosure request declined. The decision raises interesting procedural questions regarding the application for the appointment of a receiver when as noted … Continue reading
The background of Re Public Trust regarding an originating application for an order for the grant of probate in solemn form as set at [1] as follows: Muir J in considering the matter was clear that although the deceased clearly wished to up-date her will, and that Public Trust acknowledged that the 2009 will did … Continue reading
Ball v Saint relates to an application for leave to apply for security for costs. The plaintiffs in the main proceedings seek probate in solemn form of the deceased’s final will. The first defendant alleges that the final will is invalid on the grounds of a lack of testamentary capacity and or undue influence. The … Continue reading
The Supreme Court has granted leave to appeal the majority decision of the Court of Appeal (see 2 to 1) allowing the appeal of the ground breaking decision of Gwyn J that held that a parent can owe fiduciary obligations that survive into adulthood and that property transferred in breach of this duty will be … Continue reading
Matters of Trust 