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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
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
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
A Beddoe order (the name derives from the case Re Beddoe (Downes v Cottam)) is an order made by the court that permits trustees to incur expense on behalf of the trust filing or defending proceedings. A Beddoe order (if obtained) protects the trustees against claims by the beneficiaries that the action should not have been brought … Continue reading
The Court of Appeal has upheld the High Court decision in Thakurdas v Wadsworth that executors can bring proceedings under s 182 of the Family Proceedings Act. As noted at [16]: “We add that it is now settled law that s 182 serves an important purpose in relationship property litigation, allowing courts to address property … 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
Editor’s note: this decision has been appealed. See First up, best dressed. As noted in Representation of Rawlinson & Hunter SA re Z Trusts at decision of the Royal Court of Jersey at [2] a trustee’s equitable lien is a “device of equity granted to trustees by the Court to give them rights of indemnity and priority … Continue reading
Trustees fall out, sometimes to the point where a working relationship is no longer possible. Applications to remove trustees are becoming an increasingly common occurrence. So, should trustees fight attempts to remove them? When is it appropriate to do so, and when not? And what are the potential consequences of misjudged opposition? The recent decision … Continue reading
Two recent decisions regarding directions in the context of charitable trusts provide some useful guidance regarding the parameters of s 66 of the Trustee Act 1956. In line with the title to this blog – the conclusion reached is that it is permissible to ask for directions if lost, but not in circumstances where you … Continue reading
Matters of Trust 