Description

Keeping you current with recent developments in trust and estate law

2024 has continued the momentum of trust cases following the Trusts Act 2019 coming into full force and effect together with the developing contemporary trust and estate jurisprudence.

This webinar is relevant for any trust or estate practitioner wanting to gain insight from recent trust and estate cases.

John Brown will provide an in-depth analysis of key cases.

Vicki Ammundsen will follow with an overview of key themes and observations.

Cases discussed include:

• A v D – fiduciary duties owed to abused children do not survive into adulthood
• Cooper v Pinney - relationship property rights in trust rights and powers
• Legler v Formannoij – beneficiary controlled corporate trustee
• Trust for the Destruction of Synthetic Refrigerants – Beddoe order extended to directors of the corporate trustee
• Perpetual Trust v Cooke – duty of care
• Cain v Martin – self-dealing by trustee beneficiary grounds for removal
• Gallagher-Dekker v Gallagher; Deane v Deane – guidance on trustee removal
• Queenin v Queenin – trustee removal – grounds for trust wind up
• Paton v Acropolis – review of trustee decision
• Wiggins v Wiggins; Innes v Darlow; Gatfield v Hinton – parameters of ADR
• Mirkin v Frame – debt owing from trust to estate – whether a right of offset applies
• Re Candida Trust – scope of section 125 of the Trusts Act (variation)
• An application by Hoglie Trustees Limited as trustee of the Larry Robertson Family Trust – trust void for uncertainty
• Toailoa v Eliu – appointment of a manager or receiver to a charitable trust
• Trustees Executors Limited v Poppe – will variation
• Estate Gaylene Harvey; Estate of MTMW Pepere – applications to validate video transcripts as a will
• Swanwick v Bostock – late testamentary promises
• Robson v Robson – process when executor fails to prove a will
• Rawson v Preston – interplay between will, memorandum of wishes and trustee
• Willis v Willis – settlement recorded in a 21A agreement

LEARNING OUTCOMES

Guidance regarding how to give appropriate trust and estate advice in 2025. 

SUITED TO

Relevant for trustees, trust administrators and any professionals advising on trusts and estates.

PRESENTERS

Vicki Ammundsen, Director, Vicki Ammundsen Trust Law Ltd

Vicki is a director at Vicki Ammundsen Trust Law. Vicki's approach to trust law is practical but also grounded in a good understanding of trust law principles, related legislation and case law. As the author of a number of texts including Taxation of Trusts, the Trustee's Handbook and Trustee Liability, Vicki is well placed to provide advice on all areas of trust law.

John Brown, Barrister

John is the author of NZ Trusts & Asset Planning Guide (CCH NZ Ltd), editor and a co-author of NZ Master Trusts Guide, 3rd Ed and editor and reporter for New Zealand Trust Reports (NZTR), a law report series designed for trust practitioners with invaluable trust cases, including previously unreported trust decisions. It has approx. 650 cases in the data base.