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Ryan v Lobb relates to the interpretation of a resettlement clause contained in the deed of trust for the Lothbury Trust (the Trust) that expressly provided for a resettlement on written notice in the event that the Settlors separated, or their marriage was legally dissolved. Such notice was given by Ms Ryan in 2017 following … Continue reading
As noted in Re Estate of Glue section 136 of the Trusts Act 2019 provides a “broader, more flexible” determination of ‘reasonable measures’, compared to what has been described as the repealed Trustee Act’s “long and impenetrable provision.” This has been achieved by codifying a common law jurisdiction that gives the Court broad powers to … Continue reading
The Blackberry Family Settlement (the Trust) is governed by Jersey law. The matter came before the Royal Court of Jersey to establish the validity of a Deed of Retirement and Appointment of Trustees (the DoRA) that was no in accordance with the terms of the Trust, which specified who could appoint trustees in order of … Continue reading
Disclosure requests in the context of trusts, wills and estate can raise complex issues that can require the assistance of the court to resolve, particularly following the introduction of the Trusts Act 2019 and before the expected case law that will be realised in due course. However, in some cases it is simply a matter … Continue reading
The background of this matter is set out as follows in Cooke J’s judgment: In Armani v Armani Walker J considered the threshold for the appointment of a receiver in the following terms at [86]: My view is that the ordinary meaning of “reasonable necessity” does not precisely equate with a measure of “last resort” … Continue reading
Cooke v Butler, which relates amongst other things to a dispute regarding whether the sum of $100,000 paid to a beneficiary was a loan, considers the issues of common interest privilege and the practical parameters of disclosure and discovery in the context of litigation between trustees and a beneficiary. As stated at [15]: Associate Judge … Continue reading
The background to FFP Trustee (NZ) Limited v Peng is complicated. There are two applications before the courts, on relating to a restructuring proposal and the other relating to forfeiture of certain trust assets and directions regarding service. By way of background: TFFP sought leave to commence the current application by way of originating application. … Continue reading
The background to Turvey v Vance relates to diametrically opposed intra-family division with respect to the FB Turvey Family Trust and the P Turvey Family Trust (the Trusts). The Trusts were mirror trusts and as such the settlor of each of the trusts was not able to benefit from the trust that person settled. In … Continue reading
A final beneficiary has a contingent proprietary right, the value of which (if any) can only be determined on the final vesting date. While such a right can be treated as simply a right to receive trust assets on a final vesting, the status of having such a right can elevate the position of a … Continue reading
Grammarist states that “The road to hell is paved with good intentions” means that it is not enough to simply mean to do well, one must take action to do well. A good intention is meaningless unless it is followed by a good action. It would be difficult to find a more comparable case as an example … Continue reading
