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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
Re the estate of Ian Douglas Dobson relates to an application for probate in solemn form necessitated due to questions arising as the will-maker’s testamentary capacity. The relevant time-line is: As noted at [14]: Regardless, the weight given to this assessment was balanced against the evidence given regarding the circumstances surrounding the execution of Mr … Continue reading
Although not common, in some circumstances an inheritance paid to a New Zealand resident can be taxable as a distribution from a foreign trust. In PUB00494 Income tax – Whether money or property received by New Zealand tax residents from overseas is income from a foreign trust, Inland Revenue considers the income tax treatment of … Continue reading
Hooper v Thackwell came before the court by way of a formal proof hearing with respect to a claim brought by her daughter Karen. The background facts are not complex, but raise some complex questions, in particular whether a lawyer could ever rely on a waiver to act on both sides of a transaction that … Continue reading
Booth and Magniness v Rahal relates to a successful application for the appointment of a receiver to the First Trust (the Trust). The Trust’s original trustee was First Trust Limited (the Company). The background is set out by Gault J at [3] to [9] as follows: [3] On 28 April 2017, the Company was incorporated. … Continue reading
Grbavac v Vujcich relates to an application to recall probate on the basis that the deceased lacked testamentary capacity when he executed a codicil to a 2004 will in 2013. At the time of his death Joseph Grbavac’s estate was valued in excess of $10 million. The 2013 codicil reduced the number of executors, changed … Continue reading
Inland Revenue has releaed a post-implementation review of the increased disclosure requirements that were introduced in December 2020 with application from the 2021–22 and later income years. See Trust disclosures post-implementation review Inland Revenue’s post-implementation recomendation is to retain the disclosure regime with changes to: The report is accompanied by the 2023 trust disclosure data and … Continue reading
Matters of Trust 