Where a trustee wishes to retire, the first inquiry as to how to do so, must be to the terms of the trust. If the trust instrument is silent, then the provisions of the Trustee Act 1956 will prevail. However, what might the position be if the trust instrument provides for retirement, but does not … Continue reading →
CDT 12 Limited v Millar doesn’t answer the Jasmine question, but does raise considerable doubt as to whether Jasmine applies in New Zealand. For the background to the “Jasmine” issue, see Two trustees go down to the woods … one is discharged, one is not and Exit stage left. Mallon J’s decision on the papers in … Continue reading →