Description

We look at issues arising from family trusts and understand how the courts have dealt with them.

In Lim v Lim-Yip [2024] NZHC Blanchard J observed at [44] in the context of a conflicted trustee that “Trustees of family trusts often have conflicts, and they are nevertheless entitled to act and exercise all powers conferred on them.” However, Blanchard J then went on to consider why the conflict in question mattered.

In this webinar Vicki Ammundsen will consider the Supreme Court decision in A v D, where the Supreme Court found that a father who abused his children did not owe them any fiduciary duties as well as recent cases involving family trusts and how the court has approached specific issues relating to family trusts.

Highlights

The webinar, which will conclude with a question-and-answer session, and which is accompanied by a comprehensive paper will address:

• Invalid trustee appointments (Lim v Lim-Yip)
• Self-benefit as a grounds for removal on application by siblings (Cain v Martin)
• Challenging inequality (Sherwin v JKA Holdings Limited; Paton v Acropolis)
• Parents removing son as a trustee (Queenin v Queenin)
• Relationship property challenges (Rawson v Prescott)
• Court assistance for resolution (Re Borthwick)
• Sibling rivalry (McLaughlin v McLaughlin)
• Court ordered ADR (Lambie Trustee Limited v Addleman; Gatfield v Hinton)

ORIGINAL BROADCAST DATE

4 December 2024

LEARNING OUTCOMES 

Attendees will learn:

• Contemporary trust and estate considerations
• How the Trusts Act is embedding itself in practice
• Practical observations from recent trust cases, and
• Lessons that can be learned from the mistakes of others

SUITED TO 

This webinar is targeted at all practitioners at all levels but will be of particular interest to practitioners who advise trustees, settlors or beneficiaries.

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.