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A fundamental principle of trust law is a trustee’s duty to act in the best interests of the beneficiaries. Equally recognised is a beneficiary’s right to trust information so that the beneficiary has the means to enforce the beneficiary’s rights. However, what a beneficiary of a discretionary trust does not have, is a right to be notified … Continue reading
This blog could be sub-titled “It’s a little late once the horse has bolted …” As beneficiaries become increasingly aware of their rights, the question that some will ask from time to time is, “what can I do if I think that the trustees aren’t acting in my best interests, but there is no clear … Continue reading
Vicki Ammundsen is presenting a webinar on the often over-looked trust subject of beneficiaries and beneficiary rights. This webinar will utilise a case study to highlight beneficiaries’ rights and how these should be dealt with in practice. Topics covered include: > A discussion of the rights different beneficiaries have > How to respond to information … Continue reading
The decisions in Eden Refuge Trust make sobering reading for any person acting under a trustee’s instructions. The proceedings (see Eden Trust v Hohepa) relate to claims against a trustee for breach of trust and conversion, and claims against the solicitor acting for the trust for breach of fiduciary duty, knowing receipt and dishonest assistance. By way of … Continue reading
It is common for a modern deed of trust to provide for an appointor who has the power to add and remove trustees. Where the deed is silent regarding the appointment of trustees, recourse can be had to s. 51 of the Trustee Act, which empowers the court to appoint new trustees. Although, there is … Continue reading
Matters of Trust 