The Supreme Court decision in Clayton v Clayton changed the trust landscape. But how afraid should we be? Are all trusts vulnerable to Clayton-style challenge? Or just the ones that push the envelope? And, if the latter, how far can one push before there is a problem? A recent decision of Moore J has provided … Continue reading
The use of corporate trustees is a common response to trustee liability. However, where one of two natural person trustees retires and a corporate trustee is appointed, it is important to consider whether the retiring trustee has been discharged. See ss 43, 45 and 46 of the Trustee Act 1956, which provide: Relevant Legislation 43 Power … Continue reading
14 years since the paper Some Problems in the Law of Trusts was released a draft Trusts Bill has been released for consultation. The draft Bill largely reflects the recommendations from the Law Commission’s review of trust law that commenced in 2009 culminating in a final report that was released in 2013. The Bill has been introduced to address problems with current … Continue reading
A new “Trusts Reference Group” has been established by Minister of Justice Amy Adams to help update and improve the law governing private trusts. Ms Adams has stated that in a media release made on 29 May 2015 that “it’s important that trust law is fit for purpose and does not create unnecessary costs.” The Trusts Reference Group … Continue reading
