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Trust Act 2019

The purpose of the Trusts Act 2019 is to restate and reform New Zealand trust law by:

  • setting out the core principles of the law relating to express trusts
  • providing for default administrative rules for express trusts
  • providing for mechanisms to resolve trust-related
    disputes, and
  • making the law of trusts more accessible.

We put together for you a comprehensive white paper "The Great New Zealand Trust Crackdown".

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First-hand insights from experts discussing recent changes and developments in trust law.

Retiring and former trustees - the right of indemnity and trustee’s lien on trust assets

The new Trusts Act 2019, s 81(1) brings into statutory form a trustee’s personal liability for “an expense or a liability incurred by a trustee when acting as trustee”. However, the trustee also has a right of indemnity under s 81(2). How does this apply to retiring or former trustees?

Beddoe applications

Beddoe applications have historically not been common in New Zealand compared to other jurisdictions, but that is changing. The recent changes to the High Court Rules, r 19.4A (20 May 2021), permit a Beddoe application to be made to the High Court under Part 19 with its simplified procedure.

Limitation Act

The Limitation Act 2010 sets the time limits within which legal proceedings must be commenced. The Court of Appeal decision, Enright v Newton [2020] NZCA 529, (2020) 5 NZTR ¶29-021, gave a very human face to that area of law.Who should view: This webinar is targeted at all practitioners at all levels with an interest in trust law.

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What’s changing in management of trusts? Are you aware of the NZ Trust Legislation changes? We put together for you a comprehensive white paper.