New Zealand Trusts & Asset Planning Guide

In this issue:

Cases considered

Trustees seeking the Court’s blessing to a proposed course of action.

The importance of a retiring trustee securing an indemnity from the continuing or new trustee.

Solicitor/trustee failing to be indemnified for litigation and Beddoe order at short notice.

Tracing misappropriated trust property into debt.

Can you have it both ways?

Whether powers as an appointor and trustee are fettered (ie a fiduciary) power

Settlor’s/protector’s power held to be unfettered — settlor having control of trust— assets held on bare trust for settlor — Mezhprom v Pugachev.

Proceedings in respect of an estate or a trust against a third party.