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The decision in Judd v Hawkes Bay Trustee Company Limited represents another tributary in the trickle of constructive trust cases. The facts are relatively straight-forward – trust settled after the end of the settlor’s marriage owns the family home, third wife (Ms Judd) aware of this, Ms Judd makes some direct and indirect contributions (40% was claimed, ultimate result equates … Continue reading
While much writing about trusts focuses on the intrinsic aspects of trusts that separate trusts from other forms of ownership, such as companies; there are areas where the same principles can apply to both. One of these areas is the principles of interpretation that apply when the terms of a trust are unclear. This is … Continue reading
Following the end of a relationship “going it alone” is a practical reality. However, where a trust was settled during the relationship, the extent to which one can “go it alone” needs to be carefully assessed. This reality, and the consequences of failing to address it are highlighted in the High Court decision in Nichols … Continue reading
The Supreme Court decision in Jennings Roadfreight Ltd (in liq) v CIR is an interesting example of a “notional trust”. The question to be determined in this case was whether money held by a company in liquidation (that owed PAYE to Inland Revenue) was held on trust for the CIR or was available to other creditors in … Continue reading
The Court of Appeal decision in Cowan v Martin highlights the need to clearly identify when parties are acting as trustees or the trustees’ agents. While in this case the agency argument may seem a little contrived, and is available only because of the commonality of capacity and parties, the case remains instructive. The lessons … Continue reading
Buying the family farm can seem a rite of passage. However, given the value of most farms inter-generational assistance can be required so that this can happen. Commonly, this assistance can take the form of an on-demand loan. While not stated, the practical reality is that if the children stay in Mum and Dad’s favour, no demand … Continue reading
Trusts are settled with the best of intentions – and given that a discretionary family trust can last for up to 80 years – long term intentions. However, when the settlors fall out, those intentions can fall victim to the relationship fall out. So what are the trustees to do? There may be trust property … Continue reading
The Court of Appeal has dismissed as aspects of an appeal of a High Court decision upholding a loan between trusts following the breakdown of the borrowing trustees’ relationship. See Trustees until divorce us do part.
On 22 December 2014, Inland Revenue released draft Public Ruling PUB0209: “Income tax — whether a beneficiary will be treated as a settlor”. The Public Rulings consider whether a beneficiary of a trust who has a current account can be a “settlor” of the trust for income tax purposes under s HC 27(2)(a) or (b) of the Income Tax Act 2007. … Continue reading
FATCA, for the uninitiated is an acronym for US (foreign account tax compliance act) legislation that was introduced to assist the US IRS recover tax from US taxpayers’ undeclared foreign income. FATCA has application in New Zealand by virtue of an inter-governmental agreement (IGA). There has also been legislative amendments made to NZ legislation to accommodate FATCA. … Continue reading
Matters of Trust 