Description

This webinar explores resettlement by reference to the provisions of part 6 of the Trusts Act 2019 and otherwise pursuant to the terms of a trust. The webinar also provides a considered study of the mechanics of resettlement and practical implications.

The materials that accompany the webinar include a helpful checklist and a precedent deed of resettlement and draft trustee resolutions.

HIGHLIGHTS
This webinar, which will conclude with a question and answer section, considers resettlement from a range of perspectives, with and without the assistance of the court.

Topics covered include:

• Powers of resettlement in trust deeds
• Resettlement by unanimous consent
• Powers of the court to approve resettlement
• The difference between a waiver pursuant to s 125 of the Trusts Act and consent pursuant to s 124 of the Trusts Act
• The mechanics of resettlement
• The line between variation and resettlement
• Tax considerations
• Case law up-date considering cases including:
• Cooper v Pinney
• Re The Elizabeth Ann Bensaude Family Trust (NO. 2)
• Grand View Private Trust v Wong
• Talijancich, Malone and M & L Trustees Limited v Talijancich & Ors
• Ryan v Lobb, and
• Equity Trust (Jersey) v Halab and ITG v Fort Trustees (Guernsey) 2022 UKPC 36

WHY ATTEND
Trusts are routinely resettled. However, the consequences and process of resettlement require careful consideration. This webinar will educate on the mechanics of resettlement, resettlement with the assistance of the Court. Particular consideration will be given to the relevant provisions of the Trusts Act and contemporary case law.

ORIGINAL BROADCAST DATE

19 July 2023

LEARNING OUTCOMES

• The mechanics of trust resettlements
• How to draft a deed of resettlement and the relevant trustee resolutions
• When the assistance of the court should be sought to resettle a trust, and
• Tips and traps

SUITED TO

This webinar is targeted at all practitioners with a good knowledge of trust law who are looking to develop a broader appreciation of the mechanics and consequences of variation and resettlement.

PRESENTER

Vicki Ammundsen, Director, Vicki Ammundsen Trust Law Limited.