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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
The Estate of the Late J.D. Hanson relates to long-term asset and estate planning intended by the deceased to ensure that he died “neatly.” His commitment to this was such that a Neatly Board was established. However, as demonstrated in the Estate of the Late J.D. Hanson, the ultimate state of affairs was not at … Continue reading
Section 182 of the Family Proceedings Act 1980, provides that the court has the power to vary the terms of a nuptial settlement where the parties’ marriage or civil union comes to an end. The seminal cases on section 182 are Ward v Ward and Clayton v Clayton [Claymark Trust]. These cases have been clear … Continue reading
A v D and E is a ground breaking decision of Gwyn J holding that a parent can owe fiduciary obligations that survive into adulthood and that property transferred in breach of this duty will be required to be accounted for. The plaintiffs are the three surviving adult children of Mr Z (deceased). The three … Continue reading
O’Dea v Rutten serves as reminder of the importance of respecting the legal framework of estates and trusts. For reasons that make no legal sense notwithstanding wills that provided for the residue of two estates to be distributed to trusts, the executors took the position that the trusts should be wound up and the trust … Continue reading
The background to the appeal in Lambie v Addleman is encapsulated in [8] and [9] of the decision where the Supreme Court states as follows: The factual background is set out in Whose advice is it?; Rights to information prevail; and Disclosure request declined – 24 years a leap too far for a beneficiary who … Continue reading
The purpose of a Beddoe application as set noted in Representation of X Trustees re D and E Trusts is to “.. provide certainty and protection to a trustee by predetermining the question of whether costs incurred in third party litigation were reasonable and should be borne out of the trust fund.” In considering whether … Continue reading
McGuire v Earl is a successful application for the following trust information: statements of accounts copies of all Minutes and Resolutions any documents pertaining to any distributions all documents pertaining to any gifting or debt incurred, and bank statements for all bank accounts. The trust in question was settled by Mr McGuire’s father and Mr … Continue reading
Section 153 (set out below) of the Land Transfer Act 2017 provides that no notice can be given on the land title register that land is held on trust. 153 Trusts not to be entered on register (1) Notice of a trust, whether express, implied, resulting, or constructive, must not be registered or noted on … Continue reading
Section 182 of the Family Proceedings Act 1980 empowers “… the courts to review a settlement and make orders to remedy the consequences of the failure of the premise on which the settlement was made” in circumstances where a nuptial settlement has been made upon a trust of which either or both of the spouses … Continue reading
Matters of Trust 