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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
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
Until his removal in 2014 Toni Waho was a trustee of the Te Kōhanga Reo National Trust (the Trust), a trust that promotes the use and retention of Te Reo. Me Waho was removed as a trustee on grounds that he had brought the Trust into disrepute by raising matters relating to the Trust and its … Continue reading
In Little v Howick Trustee DL Limited a beneficiary sought a review of trustee decisions and the removal of a court appointed trustee. Perhaps surprisingly, considering the position taken in the Law Commission’s draft Trusts Bill and the Trusts Bill currently before Parliament regarding beneficiary rights, Brewer J found that a discretionary beneficiary had no standing to seek a … Continue reading
Orders removing trustees and appointing replacement trustees are not uncommon. Such orders can be required in circumstances including incapacity, absence, deadlock or because it is expedient in the administration of the trust for a trustee to be removed and perhaps replaced. However, it is important to appreciate that whether a trustee is removed / appointed … Continue reading
As noted in Van Boxel v Van Boxel at [4] “The application arises in what are familiar circumstances to this Court. The Trust owns a number of properties of which all three trustees are registered proprietors. Although Mr van Boxel holds enduring powers of attorney from his wife it is a matter of record that … Continue reading
Trustees act personally. As noted in the Supreme Court judgment in Macalister Todd Phillips Bodkins v AMP (emphasis added): “Liabilities incurred by a trustee in relation to a trust are always the personal liabilities of the trustee … A creditor has a personal right to sue a trustee and to get judgment and make the … Continue reading
The decision in Meritus Trust Company Limited v Butterfield Trust, a decision of the Supreme Court of Bermuda, considers the practical matter of whether a removed trustee can retain sufficient trust assets against which to enforce its indemnity in relation to a contingent costs liability. In this case the contingent costs liability was estimated at $5 million and … Continue reading
The decision in Van Uden v CIR highlights the importance of recognising when a property owned by a trust can comprise a permanent place of abode. The significance of a property being a permanent place of abode is that a person who is otherwise non-resident for tax purposes, will be treated as resident in New Zealand … Continue reading
Some disputes have the plots of a war movie. Everything starts fine until the hostilities begin and everything gets messy. Sometimes this just leads to someone carrying out an attack that doesn’t make sense… The defendants in the case of Triezenberg and Dodd v Mason, Alexander and Wendy Mason, were married in 1959 and had three … Continue reading
Matters of Trust 