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Category: Trusts, Estates & Asset Protection

  • Evening out the playing field

    4 March 2018

    Most people aren’t all that interested in reading cases about trust law, but there are some valuable lessons to be learned from situations where things go wrong. Take for example the case of the Clement Family Trust. It clearly shows the difficulties that can arise when sibling beneficiaries cannot agree on how to give effect to the arrangements made by their parents for the protection of the wealth they strived to accumulate over their lifetimes.The facts are relatively straight forward. ...

  • Trusteeship under the microscope

    1 November 2017

    The integrity of trusts that are used to protect assets from the hands of creditors has been challenged in a decision of the Chancery Division of the UK Courts. There is a direct connection with New Zealand as it concerns five New Zealand trusts and a New Zealand incorporated trustee company which could well be a persuasive precedent for NZ judges to consider.The background to the case is quite astonishing and involves significant assets spread around the world and even ...

  • Your Trust Questions Answered

    5 October 2017

    I’ve heard I should set up a trust to protect the assets I leave behind for my children but I don’t think I need one right now as I don’t have any concerns – what could I do?While having a trust is important for asset protection, tax efficiency, and estate and succession planning purposes, not everyone actually needs a trust immediately despite what you might hear on the golf course.We have found that a significant number of trusts have been ...

  • Considering moving to a retirement village?

    14 June 2017

    For many clients, there comes a time when they begin to consider whether moving into a retirement village is right for them. The decision is never easy and requires consideration of many different factors. One of those factors is the formal legal process, and for some, that process can be daunting. This is when we can help: to ease that burden.There are many villages and each offers different benefits; however, the Retirement Villages Act 2003 governs all of them. This ...

  • Your trust questions answered

    5 December 2016

    I set up my Trust to protect my children from their partners but I don’t want them knowing everything that is going on with the Trust, especially while I’m alive.The role of the trustee is to act in the best interests of the beneficiaries when making decisions in relation to the trust and its assets. But should a trustee’s decision be open to scrutiny by all of the beneficiaries, looking perhaps for a weakness which they can claim has prejudiced ...

  • Trusts Act Proposed Changes

    5 December 2016

    It has been some time since the Law Commission commenced its review of trust law with the intention of addressing problems that exist with the law as it stands. The Commission’s recommendations have now been reflected in a draft Trusts Bill anticipated to be enacted some time in 2017. Instead of looking to undertake a major overhaul, the Bill is intended to enhance and clarify the current law regarding trusts, which is a welcome relief given that the current legislation ...