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Allegations of sham are commonly made, but rarely made out. Accordingly the case of Rosebud Corporate Trustee Limited v Bublitz makes interesting reading. The judge does not keep us in suspense long, coming out with his finding at p. 5 that the trust is a sham. One of the major players in this story is one … 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
The case of Dever v Knobloch is not especially new. However, it is surprising how many times I have looked back to refer to it. The facts of the case are not particularly interesting – essentially no more than another family dispute where the existence of a discretionary trust does not forestall expectations of equal … Continue reading
I’ve taken some liberties with the heading, the couple in question may not yet be divorced. They are separated. In a sequel to a previous blog regarding litigation to determine whether a $1.22 m loan was in fact a gift the High Court has determined that the sum in question was in fact a loan. Background … Continue reading
The thorny subject of the informality that can occur with family arrangements involving loans and trusts and the resultant lack of accord when relationships sour is not new. See Is it a bird, is it a plane, is it a loan? The issue has arrisen again in the context of a statutory demand issued by the purported … Continue reading
The terms minutes and resolutions are used interchangeably in the context of trusts. Minutes and resolutions are used to record trustee decisions. Whether these terms are in fact interchangeable and if there might be implications arising from the use of one or the other is not clear. The major texts consulted are silent on the … Continue reading
Matters of Trust 