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The Epidemic Preparedness (Wills Act 2007—Signing and Witnessing of Wills) Immediate Modification Order 2020 (the Order), is a temporary order that was made under the Epidemic Preparedness Act 2006. The Order came into force on 17 April 2020 and will be revoked when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked. The … Continue reading
As the Trusts Act 2019 coming into full force and effect in 2021 gets closer, many reviews of trusts deeds are being carried out to determine what a presumption to notify each beneficiary of basic trust information will look like. While for many trusts the issue is a wide class of beneficiaries, for others the … Continue reading
An Application by the Roman Catholic Bishop of the Diocese of Hamilton explores the question as to whether the Court has the power pursuant to its inherent jurisdiction to wind up a charitable trust (and by default the interplay between s 64 of the Trustee Act 1956 and s 33 of the Charitable Trusts Act 1957). … Continue reading
In the Matter of the Zoanz Trust provides a practical solution where the settlor trustees no longer wish to participate in day-to-day trust administration. As noted at [11]: “The property requires remedial works due to weathertightness issues and the body corporate has issued levies to the Trust. Approximately $250,000 is outstanding. It is necessary for the … Continue reading
Kirby v Kirby is an application for tailored discovery in the context of a Family Protection Act claim in circumstances where the deceased left the residue of his estate after payment of expenses to a trust, the Jubilee Trust (the Trust). The application, which was made by one of the deceased’s two children is defended by … Continue reading
The proceedings in Bone v Tuck relate to an application for the removal of Mr Tuck as a trustee of the Tuck Family Trust (the Trust). The background can be explained as follows: [3] Ms Bone alleged that Mr Tuck had not acted appropriately as a trustee and ought to be removed. [4] Mr Tuck … Continue reading
Parsonage v Parsonage relates to the currently vexed matter as to whether an attorney under an enduring power of attorney (EPoA) can exercise powers to appoint / remove trustees. In Parsonage the relevant clause was as follows: 20 (a) THE power to appoint new Trustees shall be vested in Mary Parsonage during her lifetime and after … Continue reading
Christie v Foster relates to complex inter-jurisdictional matters. However, one aspect of the case relates to the more prosaic question regarding the role of the executor and when this takes legal effect. This is considered in Christie v Foster as follows at [62] to [66]: [62] The Irish executors have applied for probate, but their … Continue reading
On 3 March 2020, Supplementary Order Paper (SOP) No 453 was introduced into Parliament. This SOP proposes a number of remedial and technical amendments to the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Bill. One of the proposed amendments is an amendment to to s LD 3 of the Income Tax Act 2007, which … Continue reading
The Supreme Court decision granting leave to appeal the Court of Appeal decision regarding the disclosure of legal opinions and advice obtained by the trustees in Addleman v Lambie Trustee Limited (see Rights in information prevail) raises the thorny question, regarding how advice belongs to, or must be disclosed to, when legal advice is sought … Continue reading
Matters of Trust 