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Hey v Hey relates to a mother and son in dispute regarding the mother removing her son as a trustee of the trust that the mother settled with her now deceased husband. The trust in question (the BMA & DCL Hey Family Trust (the Trust)) was settled by Brian and Dorothy Hey. The trustees were … Continue reading
In the Matter of the Estate of Mabel Florence Murray the Court had to determine whether Mrs Murray had testamentary capacity when she executed a codicil and the earlier will. Evidence was given by Mrs Murray’s doctor, son and lawyer; all of whom were found to be credible. However, the view of the Court by … Continue reading
Section 153 (set out below) of the Land Transfer Act 2017 provides that no notice can be given on the land title register that land is held on trust. 153 Trusts not to be entered on register (1) Notice of a trust, whether express, implied, resulting, or constructive, must not be registered or noted on … Continue reading
Trusts are a common form of asset ownership. However, the rights and obligations associated with trusts, and even simple matters such as contracting with trusts are not always well understood. Vicki Ammundsen is presenting a webinar on Trust Fundamentals on 10 February 2021 at 10.30am. For more information see Trust Series 2021 – Trust Fundamentals.
The background to Hamilton v Kirwan can be set out as follows: A 58.9450 hectare block of rural land (the Property) was purchased in 1984 In December 1997 the Property owner’s daughter began living on the Property. In 2000 she built a dwelling on the Property part of which was funded by a $20,000 advance … Continue reading
The Trusts Act 2019 came into full force and effect today, 30 January 2021 and the Trustee Act 1956 and Perpetuities Act 1964 are repealed. Hello and good bye. The purpose of the Trusts Act is to make trust law more accessible to trustees and beneficiaries and to strengthen the ability of beneficiaries to hold … Continue reading
Neumegen v Durrans relates to an application under s 75 of the Trustee Act 1956. While such applications have not been common to date, moving forward, as more beneficiaries become aware of trust and their rights, it might be expected that such applications will become more common place. In Neumegen v Durrans the executor applied … Continue reading
In Preston v Preston the Court of Appeal notes an observation of counsel that “the matter has eaten its head off.” By way of background: The Grant Preston Family Trust (the Trust) was settled in 2004 three years before Mr Preston met Mrs Preston. The beneficiaries of the Trust included Mr Preston’s children from a … Continue reading
Ryan v Lobb relates, amongst other things) to a question of interpretation of a clause in a trust deed of the Lothbury Trust (the Trust) relating to the resettlement of trust assets in the event of separation. While on the face of it a provision dealing with the settlors’ separation appears prudent; as was also … Continue reading
Charlotte Gavin and Daniel Powell are siblings who have been engaged in sustained litigation relating to trusts settled for their respective benefit, together with other family members that are their effective inheritances with each only intended to have recourse to the other’s trust if their own trust fails (see Powell v Powell). Charlotte seeks to … Continue reading
Matters of Trust 