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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
Contents:
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.
Summary: 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.
Item type Home library Call number Status Date due Barcode Item reserves
Book Book New Zealand
361 TRU (Browse shelf) Available CA007762
Book Book New Zealand
361 TRU (Browse shelf) Available CA007757
Book Book New Zealand
361 TRU (Browse shelf) Available CA007739
Total reserves: 0

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.

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