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The Review of the Law of Trusts started back in 2002 with a discussion document followed by a small paper entitled Some Problems with the Law of Trusts. In the way the use of trusts has since grown, so too did the review. The review morphed to a three-stage review of trusts: stage 1 (the current stage) is a comprehensive … Continue reading
The separation between settlor and trust and the need to appreciate this is a common theme. See for example My trust is my creature. However, this does not mean that the existence of a trust can be disclaimed when convenient to do so. This issue is canvassed in a reserved decision of Judge AA Sinclair … Continue reading
Residential care subsidies and trusts are a topical issue that explores social tolerances and personal expectations. As the numbers of trusts increase, perhaps not surprisingly the policy that govern residential care subsidies is becoming more robust. Vicki Ammundsen is presenting a comprehensive webinar on 21 May 2014 at 10.30am. Topics covered will include: Numbers of applicants, … Continue reading
The electronic age is upon us. My own office is looking at a paperless environment. Anyone who has actually seen my office will realise this is a pipe dream. The practical reality is that the times they are a changing and scanned documents stored in the cloud is where it is largely at. Wherever in … Continue reading
The matter of Stokes v Insight Legal has resulted in one Court of Appeal and four High Court and judgments. The facts can be boiled down to: Mrs Colebrook (since remarried, although in the court decisions she is referred to by her former married name) defaults on the purchase of a property the Vendors fail in their attempt … Continue reading
The Government had confirmed its support for a new Trusts Act to replace the current Trustee Act 1956. However, don’t expect anything to happen fast. The Law Commission has made 51 recommendations and so far the Government has only endorsed one, which is the recommendation for a new Trusts Act. The remaining 50 are still … Continue reading
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
All good things must come to an end. This is certainly true of trusts, whether good or not. However, sometimes it just isn’t a good time for a trust’s assets to vest. The reason for this are many and varied. Often they involve tax. For example if the trust’s assets comprise an immature forest and the trust … Continue reading
Vicki Ammundsen is presenting a webinar on powers of the court on Wednesday 4th December at 10.30. The subject, which may seem horridly dry, is far more interesting and far more practical than might be thought. As more and more trustees find themselves deadlocked or otherwise unable to act, and as increasing numbers of beneficiaries … Continue reading
Rules called the associated person rules apply to tax certain capital gains derived from land due to associations between builders, property developers and dealers. These rules were strengthened with general effect from the start of the 2010/11 income year. An unintended consequence of the amendments to the associated person rules was that the rules could also apply to … Continue reading
Matters of Trust 