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Relationship property and the Trusts Act 2019

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.


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