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Eden Refuge Trust

This category contains 2 posts

Variation of Charitable Trust

About half of all New Zealand registered charities are trusts.  Some settled on carefully considered terms, some not so much. The problem when a Charitable Trust needs amendment as it cannot fulfil its original purposes (no matter how arcane) is that unlike discretionary family trusts, charitable trusts cannot necessarily be varied by the trustees at … Continue reading

“But the trustee told me to …”

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