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Publications

Erceg v Erceg [2017] NZSC 28 - Trustees' disclosure requirements to beneficiaries

By Hayley Roberts - April 2018

The current Trustee Act 1956 is silent as to whether beneficiaries are entitled to disclosure of particular trust information and documents. When the law is not clear, the Courts determine what would have been intended by Parliament when passing that particular law. This is exactly what has happened in the recent Supreme Court case Erceg v Erceg [2017] NZSC 28.

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Testamentary guardians: Should your child have one?

By Hayley Roberts - September 2017

The Care of Children Act 2004 makes provision for a parent to appoint Testamentary Guardians for their children through their will. If both parents (or one parent in some situations) die without a Testamentary Guardian appointed, it will be a decision of the Courts to appoint a guardian for your children. There is no guarantee that your child/children will be appointed a Testamentary Guardian that you would have chosen yourself.

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Beneficiary access to information - The new Trusts Bill

August 2017

A beneficiary of a Trust does not have a right (as such) to information held by the Trust. Beneficiaries can request information from trustees, however, trustees can refuse to provide it in exercising their fiduciary duties. But what does that mean/what process do they have to go through in deciding whether or not to disclose information? If the new Trusts Bill is enacted, the law around disclosure of information to beneficiaries will be made clearer.

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Changes to Enduring Powers of Attorney 2017

March 2017

Changes to Enduring Powers of Attorney have just come into force.

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Dying without a Will

April 2016

When a person dies without a Will, administration of the estate is more complicated than if the person had left one. Dying without a Will is called “dying intestate”. Due to the complex nature of dealing with an intestate estate, additional information is required throughout the process, which can cause significant delays in administering the estate. In many cases this will delay the distribution of the estate.

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