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In Queenin v Queenin the Court was asked to determine whether a trustee had been properly removed and for the court to review the exercise of appointor and trustee powers. The context of the application was the settlors’ decision to wind up the trust as the settlors did not consider the trust was still necessary. … Continue reading
Effective 1 July 2024 the thresholds that apply to residential care subsidy (RCS) applications have been updated. The assets limits for the 65 + demographic are now: The gifting limit for the five year period before an RCS application is $8,000 per annum. The income from assets limits are now: References:
The current decision in the long-running case of Addleman v Lambie Trustee Limited & Ors relates primarily to whether the Court should order that the parties attend mediation pursuant to section 145 of the Trusts Act 2019. An appendix to the above decision (copied below) sets out a summary of Mrs Addleman’s concerns regarding the … Continue reading
In Gallagher-Dekker v Gallagher Anderson J carefully traverses the matters the Court will take into consideration when deciding whether trustees of a testamentary trust should be removed and replaced with a professional trustee. By way of background: Sections 112 and 114 of the Trusts Act 2019 provide that the Court may remove a trustee and/or … Continue reading
As noted at [91] in Gatfield v Hinton: By way of wider observation in Gatfield v Hinton, Associate Judge Lester traverses the matters that will be taken into consideration when the Court is considering whether a matter should be referred to Alternative Dispute Resolution (ADR) pursuant to section 145 of the Trusts Act 2019. Relevantly … Continue reading
The Court of Appeal has dismissed the appeal against the High Court decision in Swanwick v Bostock, which denied leave to file a testamentary promises claim out of time. As noted at [26] of the Court of Appeal decision delivered by Osborne J: See further at Final – or not … References:
The decision in Toailoa v Eliu, for which leave to appeal has been granted, relates to an initially successful application to appoint a manager or receiver to a charitable trust pursuant to section 60 of the Charitable Trusts Act 1957. Section 60 of the Charitable Trusts Act provides that: The decision in Toailoa v Eliu … Continue reading
Middlemiss v Fidelis Trust Limited relates to an application for variation of a trust with a very limited class of beneficiaries including potential charities pursuant to a clause that what was described by Venning J as “speculative and ill-defined” with respect to the nature of any charitable beneficiaries. The relevant background is set out at … Continue reading
Re Estate Walters, which is an application for the validation of a draft will under the Wills Act 2007 highlights the importance of wills be safely stored following execution. In Re Estate Walters the deceased who lived in America but spent up to six months of each year in New Zealand where he owned property, … Continue reading
Sections 126 and 127 of the Trusts Act provide for the review of trustee decisions. The scope and relevant procedure are as follows: As noted by Churchman J in Paton v Acropolis Holdings Limited[1]at [54] the review of a trustee decision is a two stage process: As noted in Paton v Acropolis Holdings Limited at … Continue reading
Matters of Trust 