Varying Trust Deeds Without a Variation Power 2024

Published: 07-03-2024 Authors: Sharee Cavanaugh, Greg Kelly, Kimberly Lawrence Pages: 15
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Authors: Sharee Cavanaugh, Greg Kelly, Kimberly Lawrence
Published: 7 March 2024
Pages: 15

Introduction

The Trusts Act 2019 has led many trustees to consider the efficacy of their existing trust deed and whether it is up to date and still fit for purpose. It is common for a trust to require substantial modifications in order to continue to be fit for purpose, and often trust deeds do not have variation powers – or, where they do, the variation powers are insufficient to effect the changes required. In that situation, it is possible to apply to the High Court under ss 122 and 125 of the Trusts Act 2019 to have a variation approved.

Content outline

  • Varying trust deeds without variation power
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CAVANAUGH Sharee KELLY Greg LAWRENCE Kimberly
Sharee Cavanaugh
Greg Kelly Trust Law
Wellington
Greg Kelly
Greg Kelly Trust Law
Wellington
Kimberly Lawrence
Greg Kelly Trust Law
Wellington

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