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Trusts and Blended Families Forum 2025

Published: 19-03-2025 Authors: Sharee Cavanaugh, Greg Kelly, Kevin Lenahan, Colette Mackenzie, Kimberly Lawrence Pages: 22
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Authors: Sharee Cavanaugh, Greg Kelly, Kevin Lenahan, Colette Mackenzie, Kimberly Lawrence
Published: 19 March 2025
Pages: 22

Introduction

The first part of this paper will consider drafting new trust deeds for blended families. It will look at what should be included in new trust deeds to ensure that the trust will meet the needs of the family over the long term. It will consider:

• who holds powers of appointment and removal of trustees, and how they are held;
• who holds powers of appointment and removal of discretionary beneficiaries, when they can be exercised, and restrictions on their use;
• how these powers devolve on death or incapacity;
• independent trustee requirements;
• priorities of beneficiaries;
• memoranda of wishes; and
• how to ensure a balanced structure that can provide for different needs and interests.

It will also consider key risk scenarios for disputes in blended families, arising from drafting which was not adequately forward focused.

The second part of this paper will consider existing trusts in the blended family context. It will first look at how provision can be made for:

• a new spouse or partner;
• children of a second relationship; and/or
• a second family;

while protecting existing assets held in trust. It will consider the role of contracting out agreements and trusts, making provision in the event of death, and focus on key mistakes made in this area that put assets at risk in the event of separation.

It will also consider the use of existing trusts when making provision for a second family, and how to avoid allegations that powers were used improperly or to undermine the rights of existing beneficiaries.

Content outline

  • Drafting new trust deeds for blended families
  • Existing trusts in the blended family context
View contents page
CAVANAUGH Sharee-476 KELLY Greg-173 LENAHAN Kevin-299
Sharee Cavanaugh
Greg Kelly Trust Law
Wellington		 Greg Kelly
Greg Kelly Trust Law
Wellington		 Kevin Lenahan
Greg Kelly Trust Law
Wellington
MACKENZIE Colette LAWRENCE Kimberly  
Colette Mackenzie
Greg Kelly Trust Law
Wellington		 Kimberly Lawrence
Greg Kelly Trust Law
Wellington		  

 

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