Description

We examine the complexities of the Trusts Act 2019 with our comprehensive webinar, “Beyond the Trusts Act,” featuring expert insights, practical tools, and a live Q&A session to ensure you master your advisory obligations.

The Trusts Act 2019 provides that before the creation of a trust, the adviser must take reasonable steps to ensure that:

• The initial settlor is aware of the meaning and effect of the modification or exclusion of any default duties, and
• The settlor is aware of the meaning and effect of any liability exclusion or indemnity clauses in the terms of the trust.

This webinar, which is accompanied by a practical supporting paper that includes a precedent letter of advice, certificate and trust addendum will consider:

• The policy rationale for adviser obligations
• The definition of adviser, settlor and initial settlor
• The default duties
• Exemption and liability clauses
• "Reasonable steps” in the context of sections 39 and 43 of the Trusts Act
• What to advise
• Who to advise
• When to advise
• How to record the advice, and
• Consequences of failure to comply with advice obligations.

The webinar, which will conclude with a question and answer session will also consider adviser’s wider obligations with respect to the trustees of the new trust, ongoing adviser obligations and the role advisers can play in effective trust administration.

ORIGINAL BROADCAST DATE

25 September 2024

LEARNING OUTCOMES

Attendees will learn the adviser obligations under the Trusts Act 2019, how compliance with these obligations should be managed and when these obligations do and don’t apply. Attendees will also be alerted to wider adviser considerations.

SUITED TO 

This webinar is targeted at all practitioners at all levels with an interest in trust law but will be of particular interest to practitioners who advise clients who are establishing new trusts, varying existing trusts or seeking advice regarding trust governance.

PRESENTER

Vicki Ammundsen, Director, Vicki Ammundsen Trust Law Limited

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.