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With effect from 24 September 2025 the probate threshold will increase from $15,000 to $40,000. As noted by the Hon Paul Goldsmith: “The threshold was last set in 2009 before the implementation of KiwiSaver. Most estates now include KiwiSaver balances well over $15,000, but still have to go through the High Court process. This results … Continue reading
The on-going proceedings in Singh v Singh relate to the Calvary Indian Assembly of God (Calvary), which has been established as a charitable trust (the Trust) with a board of trustees who hold the Trust’s assets. Separately, Calvary is an incorporated society with a board responsible for the church’s management and organisation. At the relevant … Continue reading
Kermit the frog sang “It’s not easy being green.” It’s not always that easy being a beneficiary either. The Sesame Workshop advises that the song is about “… knowing who you are, realizing your own worth and dignity, and becoming more content and comfortable within yourself.” Whether this will help any beneficiaries of discretionary trusts … Continue reading
The Privy Council Ashley Dawson-Damer v Grampian Trust Company Ltd relates to an application to set aside appointments of trust assets that have the effect of transferring 98% of the trust assets to trusts whose class of discretionary beneficiaries do not include Ashley Dawson-Damer (Ashley). The basis for the application was the proposition that thee … Continue reading
In Stephens v Deans, which is an anonymised appeal from a decision of the Family Court, Anderson J upholds the Family Court decision that a statute barred debt remained a relationship property debt that could properly be deducted from the proceeds of sale of the property. The debt in question was a vendor loan of … Continue reading
Mirkin v Frame relates to a summary judgment application by executors of an estate against trustees of a family trust to recover the deceased beneficiary’s current account. The background of the matter is set out at [12] by Associate Judge Paulsen as follows: The court held that the executors were entitled to summary judgment in … Continue reading
With effect from 1 July 2025: The threshold increases reflect the percentage upward movement in the index number of theNew Zealand Consumers Price Index (All Groups) for the year ending on 31 March 2025 (approximately 2.53%). References
Farrand v Farrand relates to an application for summary judgment by a party to a mediation agreement for part performance of the agreement. The genesis of the application was proceedings under s 133 of the Trusts Act 2019 for a direction to wind up a family trust (the Trust). Along the way a mediated outcome … Continue reading
Bundz v Anderson is a costs decision of Associate Judge Lester. The background of the matter, relates to a claim that was brought pursuant to the High Court’s inherent jurisdiction relating to an error made by one trustee of the LC Craighead Family Trust (the Trust), who mistakenly believed that a property in Timaru (the … Continue reading
The genesis of Milne v Sutherland is a dispute regarding the interpretation of a life interest clause. As noted at [1] “Laurie died in 1999, but the bequests at issue in this proceeding did not fall due for distribution until after the death of his wife, Doreen Rose Evans (Doreen) in 2022…” As further set … Continue reading
Matters of Trust 