Trust Principles Overlooked

Palmer, J and Peart, Trust principles overlooked, New Zealand Law Journal pp 423-426 [2011].

4 Pages Posted: 24 Apr 2019

See all articles by Jessica Palmer

Jessica Palmer

University of Otago - Faculty of Law

Nicola Peart

Faculty of Law, University of Otago

Date Written: 2011

Abstract

Trusts emerge regularly in relationship property disputes and they are generally well understood to take priority whenever there is a competition between the trust and a claim that the trust property otherwise falls within the pool of relationship assets available for division. Nevertheless, there appears to be some confusion over the boundaries of the Property (Relationships) Act 1976 (PRA) as it applies to trust property and this can cost a spouse, partner or beneficiary property that is rightfully theirs. This article explains three important points that ought to be borne in mind by practitioners working in this area, illustrated by an analysis of three recent decisions.

Keywords: Trusts law, Property law, Relationship property, New Zealand

JEL Classification: K00, K11, K36

Suggested Citation

Palmer, Jessica and Peart, Nicola, Trust Principles Overlooked (2011). Palmer, J and Peart, Trust principles overlooked, New Zealand Law Journal pp 423-426 [2011]. , Available at SSRN: https://ssrn.com/abstract=3358681

Jessica Palmer

University of Otago - Faculty of Law ( email )

PO Box 56
Dunedin North
Dunedin, 9016
New Zealand

Nicola Peart (Contact Author)

Faculty of Law, University of Otago ( email )

PO Box 56
Dunedin North
Dunedin, Otago 9016
New Zealand
6434798859 (Phone)
6434798855 (Fax)

HOME PAGE: http://www.otago.ac.nz/law/staff/nicola_peart.html

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
38
Abstract Views
442
PlumX Metrics