Vicki Ammundsen (@VATrustLaw) profile picture

Vicki Ammundsen

@VATrustLaw

Vicki Ammundsen Trust Law - navigating New Zealand trust law

 Auckland, New Zealand
vatl.nz
Joined January 2011
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Photo by Vicki Ammundsen (@VATrustLaw)Photo by Vicki Ammundsen (@VATrustLaw)Photo by Vicki Ammundsen (@VATrustLaw)
Indemnity – a privilege not a right? mattersoftrust.co.nz/2023/05…

Indemnity – a privilege not a right?

McKean Family Trustee Limited v McKean (No 2) relates to an interlocutory judgment regarding whether the Trustee’s costs to defend removal proceedings and for proceedings seeking amongst other thin…

mattersoftrust.co.nz
24
Leave to appeal granted in Legler mattersoftrust.co.nz/2023/05…
Leave to appeal granted in Legler

Leave to appeal granted in Legler

The Supreme Court has granted leave to appeal the decision of the Court of Appeal in Legler v Formannoij. For background see The proper corporate trustee and No fraud here. References: Legler v For…

mattersoftrust.co.nz
21
Behind closed doors mattersoftrust.co.nz/2023/04…

Behind closed doors

Gorringe v Pointon is a successful appeal of a High Court decision; the Court of Appeal finding that the deceased’s final and penultimate wills were more probably than not procured by undue i…

mattersoftrust.co.nz
20
Destruction of notes a feature in will validation failure mattersoftrust.co.nz/2023/04…
Destruction of notes a feature in will validation failure

Destruction of notes a feature in will validation failure

Re Estate of Olive Ruby Piper relates to an application for an order declaring  that a draft will prepared by Public Trust prior to Olive Piper’s death is her last will and testament pursuant …

mattersoftrust.co.nz
20
Attorney dilemma mattersoftrust.co.nz/2023/04…

Attorney dilemma

Can an attorney under and enduring power of attorney (EPOA) exercise settlor powers? The starting point is the terms of the trust instrument.  The law prior to the Trusts Act was clear that an atto…

mattersoftrust.co.nz
23
Make me mattersoftrust.co.nz/2023/04…
Make me

Make me

Connolly v Eckhout traverses the application of the little known Imprisonment for Debt Limitation Act 1908 to a person acting in a fiduciary capacity. By way of background: … Ms Eckhout did n…

mattersoftrust.co.nz
11
Weakly fiduciary mattersoftrust.co.nz/2023/04…
Weakly fiduciary

Weakly fiduciary

Cooper v Pinney is a second appeal and cross-appeal, by leave, from a decision of the Family Court that ascertained relationship and separate property following a relationship break down. At the he…

mattersoftrust.co.nz
9
Probate procrastination mattersoftrust.co.nz/2023/03…
Probate procrastination

Probate procrastination

Estate of RB Walton helpfully sets out the procedure where an executor fails to obtain probate, but will not renounce or provide the original will. The relevant considerations are set out at [8] to…

mattersoftrust.co.nz
8
Decidedly not missing mattersoftrust.co.nz/2023/03…
Decidedly not missing

Decidedly not missing

As noted in Re Estate of Glue section 136 of the Trusts Act 2019 provides a “broader, more flexible” determination of ‘reasonable measures’, compared to what has been described as the repealed Trus…

mattersoftrust.co.nz
9
Tikanga – shield or sword? mattersoftrust.co.nz/2023/03…
Tikanga – shield or sword?

Tikanga – shield or sword?

Principles of tikanga and trust law are both inextricably linked with land ownership and benefit from land ownership. That said, care is required when equating tikanga principles with a generic con…

mattersoftrust.co.nz
6
Since 1725 … mattersoftrust.co.nz/2023/02…
Since 1725 …

Since 1725 …

The original purpose of the self-dealing rule, which dates from at least 1725 was to enable a beneficiary of a trust to avoid any transaction involving a trustee’s purchase of trust property. The r…

mattersoftrust.co.nz
10
Costly mattersoftrust.co.nz/2023/02…
Costly

Costly

The most recent decision in the long-running Lambie Trustee Limited v Addleman relates to costs on account of a judgment of the Supreme Court delivered in 1 June 2021. In that judgment as noted in …

mattersoftrust.co.nz
7
Much to be-devil mattersoftrust.co.nz/2023/02…
Much to be-devil

Much to be-devil

The background to Duffy J’s 2022 decision in Addleman v Lambie Trustee Limited is set out at [1] and [5] as follows: For further background see It’s mine said the trustee, all mine and …

mattersoftrust.co.nz
14
Ex gratia mattersoftrust.co.nz/2023/01…
Ex gratia

Ex gratia

The background of Re Public Trust regarding an originating application for an order for the grant of probate in solemn form as set at [1] as follows: Muir J in considering the matter was clear that…

mattersoftrust.co.nz
13
Where saints fear to tread mattersoftrust.co.nz/2023/01…
Where saints fear to tread

Where saints fear to tread

Ball v Saint relates to an application for leave to apply for security for costs. The plaintiffs in the main proceedings seek probate in solemn form of the deceased’s final will. The first de…

mattersoftrust.co.nz
12
Leave granted mattersoftrust.co.nz/2022/12…
Leave granted

Leave granted

The Supreme Court has granted leave to appeal the majority decision of the Court of Appeal (see 2 to 1) allowing the appeal of the ground breaking decision of Gwyn J that held that a parent can owe…

mattersoftrust.co.nz
17
Common errors – trust disclosure mattersoftrust.co.nz/2022/12…
Common errors – trust disclosure

Common errors – trust disclosure

Inland Revenue has reviewed information from the returns filed to meet domestic trust reporting obligations and has identified a number of common reporting errors including: Trust returns with any …

mattersoftrust.co.nz
The proper corporate trustee mattersoftrust.co.nz/2022/12…
The proper corporate trustee

The proper corporate trustee

The background to Legler v Formannoij is set out in No fraud here. For practical purposes the relevant background is canvassed at [24] as follows: Fundamentally Legler v Formannoij considers whethe…

mattersoftrust.co.nz
Variation or scheme? mattersoftrust.co.nz/2022/12…
Variation or scheme?

Variation or scheme?

If the terms of a charitable trust whose purposes have become frustrated contain a power of variation the trustees are confronted with whether to vary pursuant to the terms or to seek approval for …

mattersoftrust.co.nz
Firmer ground mattersoftrust.co.nz/2022/12…
Firmer ground

Firmer ground

The Privy Council has allowed the appeal in Grand View Private Trust Company Limited v Wong. By way of background, the former individual beneficiaries of a substantial private discretionary trust s…

mattersoftrust.co.nz
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