Trust Law changes in New Zealand by Auckland Lawyer Ian Mellett

Time for New Zealanders to review their trusts.

This video is also available on our blog www.aucklandlawfirm.co.nz or please visit our website www.quaylaw.co.nz .

Regardless of the outcome of the trust law changes it is time for New Zealanders to review their trusts.

Relevant considerations might include --
The intentions of the settlor in establishing the trust;
The intentions of the trustee or trustees;
Whether the trustee was indifferent as to whether a valid trust was intended to be established;
How the affairs of the trust have been conducted;
Whether property of the settlor has been intermingled with trust property;
Whether the settlor has treated trust property as his or her own;
The degree of control exercised by the settlor over the affairs of the trust;
Whether the trustees have acted independently of the settlor in carrying out
their duties; and
The real nature of the arrangement irrespective of how it is described.

Whilst review of trust law is in progress and the Law commission invites comments now is the time to review your trust to ensure it is able to withstand any changes to NZ trust legislation.

Presentation by Ian Mellett of Quay Law (Auckland - New Zealand)

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• Trust Law Changes
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