breach of trust

This tag is associated with 3 posts

Breaches of trust will not be rewarded – not even a little bit

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

Power of attorney does not negate terms of trust deed

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

Trustees sent to the naughty corner

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