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Variation

This category contains 21 posts

Well intentioned

Miller v Cregten touches on the vexed issue as to settlor’s wishes to ensure that only identified beneficiaries benefit and that: “if a beneficiary is married, in order to protect the beneficiary from thepossibility of a matrimonial property claim in the event of a breakdownof his or her marriage, you should take into consideration the … Continue reading

Thank you, no thank you

Re W relates to the scenario of which movies are made where a relative leaves considerable wealth to a single individual. In this case the prior beneficiary of the deceased’s wealth was to be his sister, W’s mother. However, after the deceased became estranged from his sister, the deceased altered his will so as to … Continue reading

What the hell does this mean?

As the Trusts Act 2019 coming into full force and effect in 2021 gets closer, many reviews of trusts deeds are being carried out to determine what a presumption to notify each beneficiary of basic trust information will look like.   While for many trusts the issue is a wide class of beneficiaries, for others the … Continue reading

Termination – a bridge too far?

An Application by the Roman Catholic Bishop of the Diocese of Hamilton explores the question as to whether the Court has the power pursuant to its inherent jurisdiction to wind up a charitable trust (and by default the interplay between s 64 of the Trustee Act 1956 and s 33 of the Charitable Trusts Act 1957).  … Continue reading

Expedient

Re Eliza White Board of Management considers the practical aspects of laying a scheme before the Court when a charitable trust’s purposes become “no longer possible, practicable or expedient.” While fact specific the case provides useful guidance as to the matters to traverse in such applications. Also see In the Matter of the Sefton Public … 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

When is it ok to ask for directions?

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

Another Charitable Trust needs attention

By her will, Emma Ann O’Connor, who died in December 1937, left the residue of her estate on trust for certain specific purposes: “(a) For the repair and painting of the Waimea Catholic Church at regular intervals as may seem necessary and expedient to my said trustees; (b) In the upkeep and maintenance of the … Continue reading

The passage of time

Times change, and so do charitable purposes. The recent case of Re Otago Foundation Trust Board highlights that even a charity set up with the best of good intentions might run the risk of becoming moribund owing to societal changes. The original trust was settled under the will of Robert Campbell in 1904. It left … Continue reading

Trustees’ dilemma – how old is old enough to know?

The moral dimension of trusteeship arises in many contexts. The recent New Zealand court decisions concerning information obligations to beneficiaries, and the way this is dealt with in the new Trusts Bill, highlight the difficulty of judging what information is too much or too little to disclose. However, general principles on disclosure bypass the consideration … Continue reading

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