Package includes:

Online CPD Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

• $145 - NZLS members and Associate members
• $195 - 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

This module addresses the “good, the bad and the ugly” of trusts within a commercial context. It will canvass fundamental issues and consider some of the key decisions emerging from the case law and the implications for practitioners on a practical level.

This module will include:

• Reasons for establishing trusts
• How the new Trusts Act will affect your clients and your advice to them
• Issues to be aware of when dealing with trusts including relevant provisions in trust deeds, best practice, documentation, trustees’ liability and indemnity, etc
• An update on relevant case law.

Learning objectives

After completing this module you will have:

• Increased knowledge of the relevant issues to consider in determining if a trust or some other vehicle is the appropriate vehicle for a particular situation or transaction.
• Skills to identify issues that clients should be aware of when dealing with trusts (either where practitioners are acting for trusts or in situations where the other parties include trusts).

Electronic paper 

Authors: Fiona King, Stephen Law
Published: 7 March 2023
Pages: 59

Introduction

As well as top rugby players, sheep and DIYers, New Zealand is thought to have the most number of family trusts per capita of anywhere in the world. As such, they are an integral and very significant part of the fabric of our economy and society, let alone our legal industry.

Therefore, for any lawyer, it is imperative to have an understanding of the fundamentals of a family trust – what it is, settlors, beneficiaries and their rights, trustees and their duties and powers, and what can be expected of a standard trust deed.

It is also incumbent upon company and commercial lawyers to have an understanding of how their area of practice may be affected by trusts, and conversely the impact that their area of practice can have upon trusts. Traditionally, a trust has been considered to be a mechanism for the preservation and conservation of property for the benefit of the objects of the settlor’s bounty (the beneficiaries). However, in recent decades, the trust has become increasingly used as a structure through which commercial enterprise and risk-taking is undertaken. The law has not kept pace with these developments in many respects, which can make the job of a company or commercial lawyer much harder when that job involves trusts. (continued...)

PowerPoint Presentation

These are the slides included in the presentation.