Trustees - meeting obligations and minimising risk / by Helen Dervan and Jeremy Johnson
By: Dervan, Helen.
Contributor(s): Johnson, Jeremy.Publisher: Wellington, N.Z. : New Zealand Law Society, 2014Edition: November.Description: 65 p. ; 30 cm.Subject(s): Trusts | Trustees | Case law | Disputes
|Item type||Home library||Call number||Status||Date due||Barcode||Item reserves|
|Book||New Zealand||361 TRU (Browse shelf)||Available||CA007762|
|Book||New Zealand||361 TRU (Browse shelf)||Available||CA007757|
|Book||New Zealand||361 TRU (Browse shelf)||Available||CA007739|
FUNDAMENTAL DUTIES OF TRUSTEES - A SUMMARY. STRUCTURING A TRUST: Sham trusts and illusory trusts -- Legal rules for finding a trust to be a sham -- Illusory trusts -- Clayton v Clayton -- High Court decision -- Judgment problematic. TRUSTEE CONTRACTING: Insight Legal v Stokes litigation -- Other cases on subsequent consent. TRUSTEE'S INDEMNITY AGAINST TRUST ASSETS: Cases to follow -- Right to subrogation and caveats. TRUSTEE AND BENEFICIARY COSTS: Beddoe applications -- Recent international cases -- Prospective costs orders in New Zealand -- Comments on the current position. TRUSTEE DECISION-MAKING: General limits on trustee decision making -- What should a trustee think about when making decisions? -- Should decisions be formally recorded? REMOVAL OF TRUSTEES: Recent case law. THE ARBITRATION OF TRUST DISPUTES: What sort of disputes arise in a trust context? -- Why arbitrate trust disputes? -- Objections to arbitration of trust disputes -- Suggested provisions.
Examines recent causes of trouble for trustees and articulates how trustees can meet their obligations and minimise risk. Discusses how to structure a trust, trustee contracting, trustee beneficiary costs and the arbitration of trust disputes.