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Webinar: New Developments in Trust Law. 8 December 2020, 2-4PM

There are significant new developments in Trust Law. Not only is the new Trusts Act coming into force on 30 January 2021, there are also judicial developments in regard to settlor and trustee powers that are challenging the validity of trusts and the exercise of trustee powers. The Faculty of Law at the University of Otago is pleased to present a webinar on these new developments.

The webinar will include the following topics:

  • Essential requirements for creating a trust
  • The effect of settlor control on the validity of trusts
  • Trustee duties
  • Trustee powers and their constraints
  • Appointment and removal of trustees
  • Delegation of trustee powers
  • Termination, variation and resettlement of trusts
  • Disclosure of trust information
  • Exemption and indemnity clauses
  • Alternative dispute resolution

Learning Outcomes

Attendees will learn about:

  • Changes made by the Trusts Act 2019
  • The pitfalls of settlor control of trusts and how to avoid them
  • Constraints on the exercise of trustee powers

Materials

Detailed PowerPoint slides will be used during the webinar and emailed to attendees after the webinar. A recording will be available for a limited time following the webinar.

Cost $150 (incl. GST)

Enrolment and payment

Register online

Upon completion of the registration form, you will be directed to the University of Otago’s credit card payment gateway.

Attendance and login details will be emailed following registration.

Please submit questions in advance to law@otago.ac.nz. There will also be an opportunity for questions during the webinar.

Following the webinar you will be emailed confirmation of attendance.

Registrations close 7 December 2020.

Presenters

The webinar will be jointly presented by Professor Jessica Palmer and Professor Nicola Peart.

Jessica Palmer

Jessica Palmer imageJessica Palmer is the Dean of the Otago Faculty of Law and teaches courses in contract, equity and commercial law. She is a graduate of Auckland and Cambridge Universities. She was a Judges’ Clerk in the High Court in Auckland and worked in a national corporate law firm. She has published articles and book chapters on issues of equity and restitution, including the NZ Law Review updates on Equity and Trusts, and is the author of the chapters on constructive, resulting and sham trusts and restitution in Andrew Butler (ed) Equity and Trusts in New Zealand (2009). Conference presentations include “Variations, Resettlements and Winding Up Trusts” 2019 NZLS Trust Conference (with Jeff Kenny) and “Trusts and Relationship Property” 2017 NZLS Family Law Conference.

Nicola Peart

Nicola Peart imageNicola has been engaged in teaching and researching trust law since 1987, when she took up a lectureship at Otago University. She has published in the field and presented at regional and national conferences in New Zealand and at international conferences. Much of her research has focused on trusts in the family context. She is the author of “The Property (Relationships) Act 1976 and trusts: proposals for reform” (2016) VUWLR 443-462, “Intervention to prevent abuse of trust structures” [2010] NZLRev 567-600, and “Equity in Family Law” in Andrew Butler (ed) Equity and Trusts in New Zealand (2009). Conference presentations include “Vulnerable Trusts” 2017 NZLS Trust Conference (with Jonathan Orpin).

Jessica and Nicola were both members of the reference group assisting the New Zealand Law Commission in its recent Review of the Law of Trusts, and Nicola also advised the Minister of Justice on the Trusts Bill. They regularly teach together and present at conferences, including “Double trouble: the power to appoint and remove trustees and the power to add and remove beneficiaries” at the 2015 NZLS Trusts Conference; and “Trust Powers in New Zealand” at the 2013 University of Melbourne Trusts Conference.