Author: Aimee McGowan
Published: 21 February 2022
Pages: 21

Introduction

As you will all be well aware, there have been significant changes in the law of Trusts and there are intended upcoming changes to the Property (Relationships) Act 1976 (the PRA) that will likely affect the way we as lawyers advise our clients.
This paper is intended to give a brief overview of the Trusts Act 2019 (the Act) in relation to the Trustees Duties and also provide a practical guide as to:
a. Advice to clients on Trustees Duties;
b. Recommendations on proposed Trust Deed variations and administration including a checklist on the considerations to be made when reviewing the Trust Deed;
c. Advice to clients on provision of information to Beneficiaries;
d. Practical steps to take when in the role of Independent Trustee of a Trust whose main beneficiaries have recently separated;
e. A useful information sheet when taking instructions from a client going through a separation.

 

Content outline

• Trustee duties
• Advising trustees post – 30 January 2021
• Trust disputes
• Law reform

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