By Tara Grant - 1 Dec 2021
Tara
Grant and Telise Kelly recently presented a paper
titled The Trusts Act 2019 - through a Relationship Property
Lens (via video due to Covid restrictions) for the 2021 Family
Law Conference held in Wellington. Tara and Telise provided a
practical road-map for trustees and beneficiaries wanting to ensure
a trust is properly being administered for the benefit of all
beneficiaries. Tara's focus being on trustee duties and disclosure
obligations in the event of separation and Telise providing
specialist analysis as to how the Family Court may help if trustees
"don't play ball".
The Trusts Act 2019 came into effect earlier this year. We
believe that family lawyers who faced the difficult task of
navigating the prior Trustee Act 1956 to any significant effect in
a relationship property case will relish the tools introduced by
the new Act and the Family Courts' newly introduced jurisdiction.
It is set to bring much-needed rigour to the management of trusts,
particularly in the context of a separation.
If you want to know how the Trusts Act 2019 may affect you,
particularly in the context of a relationship breakdown, get in
touch with Tara or Telise or any member of our Relationship Property and
Trust teams.