New Zealand · Year 4 · Equity & Trusts
Trusts in NZ
The Trusts Act 2019 and leading cases.
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1.When did the Trusts Act 2019 come into force?
30 January 2021, replacing the Trustee Act 1956.
Trusts Act 2019
2.Lankow v Rose [1995] — principle?
A de facto partner can obtain an interest via constructive trust based on contributions and the reasonable expectations of the parties.
[1995] 1 NZLR 277 (CA)
3.Clayton v Clayton [2016] — held?
The extensive powers held by the settlor/trustee under a "vane" trust deed were property for the purposes of the Property (Relationships) Act.
[2016] NZSC 29
4.Knight v Knight (1840) — three certainties (applied in NZ)?
Certainty of intention, subject matter and objects.
(1840) 3 Beav 148