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Trust Litigation - common issues - Online CPD

NZ $179.00
Publications
McGuigan Janna v2 CAMPBELL Shane v2
Janna McGuigan
Barrister, Bankside Chambers/Canterbury Chambers
Auckland/Christchurch
Shane Campbell
Partner, Wynn Williams
Christchurch

Package includes:

Online CPD Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

  • $149 - NZLS members and Associate members
  • $179 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

Online CPD Module

Presentation time: 90 minutes
1.5
CPD HRS

Trusts are a popular way of managing assets and protecting property and have proliferated in New Zealand with some well managed and others less so. Adding to the complexity is the New Trusts Act 2019 which comes into force on 30 January 2021 with important changes including the information that needs to be provided to beneficiaries.

This webinar will consider some of the key common issues that the presenters are experiencing when litigating in this area and also some ideas on how to solve them.

Topics covered will include:

  • Access to trust information
  • Claims for constructive trusts over express trusts
  • Conflicts of interest
  • Corporate trustees and common issues
  • Directions applications
  • Invalid trusts
  • Procedure for litigating claims involving trusts and trustee conduct in litigation
  • Trustee removal.
Please contact us if you use a dial up internet connection.

Learning objectives

By completing this module you will:

  • Understand current trust issues, how they arise, and how to avoid them.
  • Gain a deeper understanding of the relevant case law in this fast-developing area.
  • Appreciate how the Trusts Act 2019 could impact on disputes.

Electronic paper 

Authors: Janna McGuigan, Shane Campbell
Published: 3 February 2021
Pages: 58

Introduction

This webinar and paper are intended to give all practitioners and trustees a better understanding of some of the more commonly litigated trust issues. An issue has been deemed to be “common” if it is an issue that the authors have come across in practice more than usual. The list is far from exhaustive. Other issues include memoranda of wishes, Beddoe applications, and others. The Trusts Act 2019 will also undoubtedly spur more litigation to resolve areas of novelty and doubtless in the relationship between trustees and beneficiaries.

PowerPoint Presentation

These are the slides included in the presentation.

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