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Innes v Darlow relates to an application for an order referring the parties to mediation pursuant to section 145 of the Trusts Act 2019. The background of the matter is set out at [13] as follows: “The plaintiff alleges that [her parents] (who were two of the three trustees of the Trust) agreed, promised or … Continue reading
In Trustees Executors Limited v Poppe, Walker J explores the variation of a will against a background of a challenge as to capacity and an allegation of undue influence. There are two wills in question, one made in 2016 and one made in 2019. The primary difference is that the 2019 will provides that a … Continue reading
Sherwin v JKA Holdings Limited & Ors relates to the Douglas Hilton Family Trust (the Trust), which was settled in 1985 by Dr Douglas Sherwin’s mother on terms that infer that Dr Sherwin, who was the source of the trust’s economic wealth, was the true settlor. This is addressed by Becroft J at [15] as … Continue reading
Rawson v Prescott, which relates to an unsuccessful application for summary judgment on a claim for vacant possession of trust property raises more questions than it answers. The key issue relates to whether trustees are bound to an agreement for the purposes of section 21 of the Property (Relationships) Act 1976, that the trustees were … Continue reading
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:
Matters of Trust 