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The decision in Adlam v Savage, which relates to a breach do trust is a hard read. However, it is worth persevering to appreciate the practical issues associated with the remedies available when a trustee profits from a trust or fiduciary relationship. In Adlam v Savage Ms Adlam received over $14 million from exploiting knowledge … Continue reading
Powers of attorney and deeds of delegation can be useful, especially where a trustee may be absent from New Zealand for periods of time. However, the extent to which trustees can rely on decisions made where one trustee has acted in a personal capacity and under a power of attorney require consideration. Consider the facts in … Continue reading
Much is written about breach of trust, and the liability that can flow. However, a sensible question, might be, is a breach of trust always fatal? Can trustees have a go at getting it right? As it happens, yes, in some circumstances. as is demonstrated in Masters v Stewart they can. In that case, a capital distribution … Continue reading
Matters of Trust 