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Right to trust information

This category contains 12 posts

Erceg leave to appeal allowed

The Supreme court has granted leave to appeal the Court of Appeal decision in Erceg v Erceg, see A step back for beneficiaries or a nil all draw? The approved question is “Should the conclusion that disclosure not be made/required be set-aside?” References: Erceg v Erceg [2016] NZSC 69  

Boys will be boys

When embarking on asset and estate planning, an important but often overlooked enquiry is as to how the next generation will manage the assets (and what those assets might be) and who sensibly should be in charge.  Consider the case of Frickleton v Frickleton. In this case one of four sons ends up as the sole executor … Continue reading

A step back for beneficiaries or a nil all draw?

The Court of Appeal decision in Erceg v Erceg has provided the Court of Appeal’s view of the correct approach to the disclosure of trust information to beneficiaries.  Prior to this Court of Appeal decision in Erceg v Erceg it was settled law in  New Zealand that beneficiaries had a rebuttable right to trust information pursuant to the … Continue reading

Costly failure to disclose trust information to minor beneficiary’s guardian

Beneficiaries of a trust – including a testamentary trust are entitled to information relating to the trust. In the Goodman v Campbell a minor beneficiary’s mother sought appointment as a litigation guardian following an executor’s refusal to provide information about the estate of which her minor son was the sole beneficiary.  The trustee of the … Continue reading

Balancing beneficiaries’ rights to documents against the trustees’

It can be a tricky thing being a beneficiary.  All those rights – but how to enforce them?  The court has an inherent right to enforce trusts – can that can entitle beneficiaries to trust documents so that the beneficiaries can ensure the trust is (or is not) being properly managed.  However, there are limits … Continue reading

Blood from a stone

It’s a tricky road being a beneficiary.  All these rights – but how to enforce them?  What if you are a beneficiary, or you might be – and you want to see the documents that as a beneficiary, you have a right to?  How can you compel the trustees to confirm whether you are a beneficiary?  The … Continue reading

Trust Fundamentals Webinar

Trusts are the best long-term intergenerational form of asset protection.  However, as litigation involving trusts increases, questions are reasonably asked regarding the “safety” of trusts.  If you are looing for answers or guidance Vicki Ammundsen is presenting a webinar on February 19th discussing the fundamentals of trusts.  Topics covered by the webinar include: Requirements of a valid trust Differentiation between … Continue reading

The high cost of obfuscation

Costs are an increasingly live issue in court proceedings.  The risk of a loss and the resultant costs is a valid, and important, consideration when contemplating proceedings.  When the proceedings relate to a trust, the matter is more complex due to the trustees’ right of indemnity from the trust fund.  However, given that whenever the … Continue reading

Costs award for failing to provide information

The decision in Roberts v Francis further highlights the need to respond to beneficiaries’ information requests in a timely fashion.  The background facts can be summarised as follows: Dr Roberts died intestate His wife obtained letters of administration The beneficiairies of his estate, as determined by the Administration Act were his wife and his children … Continue reading

Trust fundamentals webinar

Vicki Ammundsen is presenting a webinar introducing trust concepts on 10 May 2013 at 10.30.  The one hour webinar will be followed by 1/4 hour for Q and A.  Topics covered will include: The requirements of a valid trust The significance of the fact that a trust is not a legal entity Independent trustees Contracting with trusts – … Continue reading