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Trustees

This category contains 139 posts

Capacity in context

Jellyman v Jellyman is about two children with different views as to what is in their mother’s best interests.  The matter came before the court because Mrs Jellyman was a trustee of a testamentary trust under her late husband’s will.  Her son Maurice was the other trustee. Mrs Jellyman wanted to sell her home in Hastings … Continue reading

Loss of morale

Triezenberg v Mason (As to power and appointment and costs) follows the earlier trustee removal decision.  See Buyer’s remorse. By way of background the High Court removed Mr Mason and his incapacitated wife as trustees of two family trusts.  A rift had occurred between the competent trustees that had resulted in significant dysfunction.  No orders … Continue reading

So close to Jasmine you can smell it

CDT 12 Limited v Millar doesn’t answer the Jasmine question, but does raise considerable doubt as to whether Jasmine applies in New Zealand.  For the background to the “Jasmine” issue, see Two trustees go down to the woods … one is discharged, one is not and Exit stage left. Mallon J’s decision on the papers in … Continue reading

Exit stage left

Oldfield v Oldfield relates to the trust consequences of a marriage breakup.  Specifically, who should be the trustees when the settlors, who are also trustees, can no longer work together. Mrs Oldfield wishes to see Mr Oldfield removed as a trustee.  Mr Oldfield’s view is that it is not appropriate to replace the trustees, rather the … Continue reading

Saunders v Vautier 2019

The rule in Saunders v Vautier is generally well understood.  However, the parameters of the rule are less clear.  As noted in the Law Commission’s Third Issues Paper on the Review of the Law of Trusts “Perpetuities and the Revocation and Variation of Trusts”: The scope of the rule has become wider than merely allowing a … Continue reading

Leave it in the sandpit

Central to the dispute in Roblin v Roblin is two brothers forced into co-trusteeship and co-ownership due to their joint appointment as executors and trustees of their mother’s estate.  The main asset of the estate is a property lived in by one brother and a number of unrelated parties, the terms of whose tenure was … Continue reading

Buyer’s remorse

Trusts can seem like a great idea.  And then one day a settlor can be confronted with the reality of the loss of control and cast around for someone to blame.  In addressing the realities of trust ownership, the exercise of powers of removal and appointment can offer a solution to issues with the dynamics between … Continue reading

Disclosure vs Discovery

Is a beneficiary more entitled to trust information pursuant to an application for discovery, rather than pursuant to a an application for disclosure? As a basic principle, courts do not permit discovery as a “fishing expedition.” However, as noted in Gavin v Powell at [41] “… the trustees’ obligations as to disclosure and a beneficiary’s right … Continue reading

To gift or not to gift – that is the question

The case of The Church of Jesus Christ of the Latter-Day Saints Trust Board v CIR considers whether donations made in connection with a missionary application are charitable gifts for the purposes of s LD1 of the Income Tax Act 2007. The crux of the matter for consideration is whether gifts made by church members … Continue reading

Changing of the guard

It can be necessary to change trustees for many reasons. Regardless of the circumstances that require a change of trustee, the decision as to appropriate trustees can be complicated and requires a careful balancing of a range of considerations. The interim judgment in Thomson v Riley provides a useful insight into how a court balances … Continue reading

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