Morris partner, Georgia Angus, presented at the 2023 STEP NZ Conference, "An Ever Changing World - Topical Trust Issues". The conference covered a wide range of trust and estate matters, including conditions in wills, law and policy issues impacting charities and a post Supreme Court analysis of D and E Limited v A, B and C.
Georgia considered the Privy Council's decision Grand View Private Trust Co Ltd v Wong  UKPC 47, which concerned the application of the rule that fiduciary powers must be exercised for a proper purpose. Georgia then analysed the New Zealand Court of Appeal's decision Legler v Formannoij  NZCA 607, which similarly involves the exercise of a fiduciary power and whether it was for a proper purpose. That case is on appeal to the Supreme Court and is due to be heard on 10 October 2023.
Georgia provided practical guidance to trustees and advisors in light of the decisions, including the importance of the terms of the trust deed and settlor's wishes that are made a trust is established.
If you would like advice on any of these issues, please contact Morris.