Authors: Sharee Cavanaugh, Colette Mackenzie
Published: 13 November 2023
Pages: 20

Introduction

This paper reviews a number of key decisions from the High Court, Court of Appeal and Supreme Court over the past 18 months, which impact on the law of trusts.
Thematically, this includes cases that consider:

• the interaction between trusts and the Property (Relationships) Act 1976;
• trusts and succession;
• interpretation issues;
• disclosure disputes;
• trustees;
• amending trust deeds.

We have seen a number of novel arguments being run, and a number of cases that have worked their way through all layers of the appeal system. At the time of writing, a number of further appeals have either been heard and are awaiting judgment or are awaiting hearing.

Content outline

• Trusts case law update
• Trusts and succession
• Interpretation issues
• Disclosure disputes
• Trustees
• Trust variations