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This category contains 11 posts

Step carefully

The Trusts Act 2019 provides that before the creation of the trust, the adviser, must take reasonable steps to ensure that: the initial settlor is aware of the meaning and effect of the modification or exclusion of any default duties, and the settlor is aware of the meaning and effect of any liability exclusion or … Continue reading

Charities and the Trusts Act

The Trusts Act 2019 applies to all express trusts, including charitable trusts. Chartered Accountants Australia and New Zealand hosted a recent webinar with presenters from Charities Services and Vicki Ammundsen Trust Law Limited exploring the application of the Trusts Act to charitable trusts. See Sharing Knowledge Series: Trust Law Changes and Charities. What Do the … Continue reading

Between Buckton and the deep blue sea

Trustees looking for certainty regarding costs will commonly turn their minds to a Beddoe application. However, where costs are a live issue and the grounds for a Beddoe order may not be made out, an alternative course of action is to seek a prospective costs order.  While this may appear largely the sole dominion of … Continue reading

Mother and son

Hey v Hey relates to a mother and son in dispute regarding the mother removing her son as a trustee of the trust that the mother settled with her now deceased husband. The trust in question (the BMA & DCL Hey Family Trust (the Trust)) was settled by Brian and Dorothy Hey. The trustees were … Continue reading

Capacity vacuum

In the Matter of the Estate of Mabel Florence Murray the Court had to determine whether Mrs Murray had testamentary capacity when she executed a codicil and the earlier will. Evidence was given by Mrs Murray’s doctor, son and lawyer; all of whom were found to be credible. However, the view of the Court by … Continue reading

Trust fundamentals 2021

Trusts are a common form of asset ownership. However, the rights and obligations associated with trusts, and even simple matters such as contracting with trusts are not always well understood. Vicki Ammundsen is presenting a webinar on Trust Fundamentals on 10 February 2021 at 10.30am. For more information see Trust Series 2021 – Trust Fundamentals.

Trust fundamentals

Trusts are a common form of asset ownership. However, the rights and obligations associated with trusts, and even simple matters such as contracting with trusts are not always well understood. On 26 February 2020 Vicki Ammundsen is presenting a webinar on trust fundamentals.  The webinar will introduce basic trust concepts and will use a case … Continue reading

Current Trust Issues

On 11 December 2019, Vicki Ammundsen is presenting a webinar Trust Series 2019 – Current Trust Issues.  This webinar will provide an up to date consideration of the issues facing trustees and their advisers in a rapidly changing trust landscape. The webinar will be complimented with materials that expand on the matters discussed. HIGHLIGHTS This … Continue reading

Constructive Trusts and other Trust Remedies

The development of the constructive trust in New Zealand and the parameters of remedial and institutional constructive trusts (and constructive trusts on express trusts) is an important aspect of trust law.   Vicki Ammundsen is presenting a practical remedy driven webinar on 14 September 2018 at 1.30am that considers constructive and other trusts in family, relationship and commercial contexts. … Continue reading

Trust Fundamentals

Trusts are a common form of asset ownership. However, the rights and obligations associated with trusts, and even simple matters such as contracting with trusts are not always well understood. Vicki Ammundsen will present a webinar on trust fundamentals on 14 February 2018 at 10.30am.  The webinar will take a case study approach to explore … Continue reading

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