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  • Article

    Trusts bill progressing in Parliament - a new disclosure regime

    The bill will clarify and modernise the law, and place obligations on trustees to disclose information to beneficiaries.
    New ZealandCorporate/Commercial Law
    Duncan Cotterill
    Duncan Cotterill
  • Article

    Chapman Tripp submission on exposure draft of Trusts Bill in New Zealand

    The Ministry of Justice has sought feedback on a draft Trusts Bill, as part of a move to update the law for NZ trusts.
    New ZealandCorporate/Commercial Law
    Chapman Tripp
    Chapman Tripp
  • Article

    A trust transformation

    These recent changes will increase costs, so carefully consider whether a trust structure will actually meet your needs.
    New ZealandCorporate/Commercial Law
    Wynn Williams
    Wynn Williams
  • Article

    Do you still need a trust?

    New legal developments, including the new Trusts Act 2019, have made people question the need to have or retain a trust.
    New ZealandCorporate/Commercial Law
    Cavell Leitch
    Cavell Leitch
  • Article

    Section 182 of the Family Proceedings Act - a possible trust-busting tool

    S182 is an important consideration when a married couple separate and a trust exists over which one party has no control.
    New ZealandFamily and Matrimonial
    Cavell Leitch
    Cavell Leitch
  • Article

    Do you know about the changes affecting enduring powers of attorney (EPAs)?

    From 16 March 2017, enduring powers of attorney (EPAs) must be on a new form to make them easier to make and understand.
    New ZealandFamily and Matrimonial
    Cavell Leitch
    Cavell Leitch
  • Article

    Supreme Court releases decision in Clayton v Clayton - but is it the last word on relationship property and trusts?

    The case involved disputes about relationship property matters and the validity of trusts, after a marriage dissolution.
    New ZealandFamily and Matrimonial
    Duncan Cotterill
    Duncan Cotterill
  • Article

    New Trusts Act 2019

    The new Trusts Act 2019 aims to make trust law more accessible by clarifying and simplifying core trust principles.
    New ZealandCorporate/Commercial Law
    Cavell Leitch
    Cavell Leitch
  • Article

    New year, new plan? ...

    With your life plan in place, it may also be a good time to consider your 'legal health' and your plan for the New Year.
    New ZealandFamily and Matrimonial
    Wynn Williams
    Wynn Williams
  • Article

    Another step towards new legislation for trusts

    The new Trusts legislation merely aims to restate the existing law, while providing clarity and updating the language.
    New ZealandCorporate/Commercial Law
    Duncan Cotterill
    Duncan Cotterill
  • Article

    Does your trust need an IRD number?

    If a trust owns land or income generating assets, it must provide an IRD number when transferring ownership of property.
    New ZealandCorporate/Commercial Law
    Cavell Leitch
    Cavell Leitch
  • Article

    New Zealand To Enact Tighter Foreign Trust Disclosure Rules

    The New Zealand Parliament has passed a Bill which, following royal assent, will meaningfully increase disclosure obligations for NZ resident trustees of NZ foreign trusts.
    New ZealandCorporate/Commercial Law
    Withers LLP
    Withers LLP
  • Article

    NZ Government proposes new Trust legislation – 60 years since last reform

    This draft Trusts Bill is intended to replace the Trustee Act 1956 which is 60 years old and in need of modernisation.
    New ZealandCorporate/Commercial Law
    Cavell Leitch
    Cavell Leitch
  • Article

    A new Trusts Act "fit for the 21st century"

    This article covers key features of the proposed Trusts Act, and what the changes mean for trustees and beneficiaries.
    New ZealandCorporate/Commercial Law
    Chapman Tripp
    Chapman Tripp
  • Article

    The final word on disclosure of trust information to beneficiaries

    The Supreme Court confirmed its role in supervising trustee decisions to not disclose information to beneficiaries.
    New ZealandCorporate/Commercial Law
    Wynn Williams
    Wynn Williams
  • Article

    Under what circumstances should you form a trust?

    Some of the common purposes of a trust, and the structures which can be utilised, will be discussed in this article.
    New ZealandCorporate/Commercial Law
    Duncan Cotterill
    Duncan Cotterill
  • Article

    New Zealand's Government To Adopt Recommendations On Foreign Trust Disclosure Requirements

    Finance Minister Bill English and Revenue Minister Michael Woodhouse announced the government will be acting on all recommendations from the Shewan Inquiry.
    New ZealandTax
    TMF Group BV
    TMF Group BV
  • Article

    Ageing trustees - Does your co-trustees diminishing mental capacity really matter?

    Relatively easy tasks, when all trustees have capacity, can be complex if one of the trustees becomes incapacitated.
    New ZealandFamily and Matrimonial
    Cavell Leitch
    Cavell Leitch
  • Article

    Trustees must be mentally fit for the job

    When a trustee of a trust loses mental capacity, it can mean complications to the proper administration of the trust.
    New ZealandCorporate/Commercial Law
    Cavell Leitch
    Cavell Leitch
  • Article

    Arbitration of trust disputes: a new frontier

    The Arbitration Amendment Bill 2017 alleviates uncertainty and brings trust disputes clearly under the ambit of the Act.
    New ZealandLitigation, Mediation & Arbitration
    Wynn Williams
    Wynn Williams

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