Trust Series 2026 – Retirement and Appointment of Trustees
1.5 CPD Hours
Description
Gain the clarity and confidence you need to manage trustee retirement, appointment, or removal with ease. This practical webinar walks you through the post deed process, ensuring a smooth handover backed by contemporary case law and expert guidance.
Sections 116 to 120 of the Trusts Act 2019 provides for the divestment and vesting of trust property on the change of trustee. However, in practice there are many pitfalls and challenges to confront to ensure a smooth transition where there is a change of trustees. Anyone involved in the process of replacing trustees, including trustees who wish to retire or are considering defending removal, require a sound understanding of the correct process and trustee obligations before, during, and after any change of trustee.
The webinar, which will be accompanied by a comprehensive paper and conclude with a question-and-answer session, will reference contemporary case law to provide guidance on a range of topics. These include:
- The trustee retirement process,
- Powers of appointment
- Grounds for removal
- Identifying suitable replacement trustees,
- Practical aspects of the transfer of trust property to new/continuing trustees
- Removal / retirement / repurposing of trustee companies
- AML/CFT considerations
- Disclosure considerations
- How to address trustees who refuse to hand over core documents
- Rehabilitating compromised retirement, removal and appointment
- Trustee liability and indemnity, and
- A case study that includes a comprehensive checklist and workflow guidelines.
Cases considered will include:
- Scott v Chamley [2025] NZHC 499
- Booth and Maginness v Rahal [2025] NZHC 613
- Application by Peter Richard Prescott for appointment as a trustee [2025] NZHC 2043
- Public Trust (In the Matter of the M Arnott Trust) [2025] NZHC 1249
- Singh v Singh [2025] NZHC 364
- Gallagher v Gallaghher-Dekker [2025] NZHC 2928
- Lim v Lim-Yip [2024 NZHC] 3012
- Cain v Martin [2024] NZHC 715
- Dewat v Lal [2023] NZHC 1908
- Jongeneel v Schaake [2023] NZHC 3568 .....AND MORE!
LEARNING OUTCOMES
Attendees will:
- Learn the statutory provisions under the Trusts Act 2019 regarding the divesting and vesting of trust property
- Learn how to manage the transfer of trust assets on a change of trustee
- Gain practical tools to manage changes of trustees
- Learn how to address common problems that arise on a change of trustee
SUITED TO
This webinar is targeted at practitioners at all levels but will be of particular benefit to practitioners who advise trustees or who are trustees or directors of trustee companies.
PRESENTER
Vicki Ammundsen, Director, Vicki Ammundsen Trust Law
Vicki is a director at Vicki Ammundsen Trust Law. Vicki's approach to trust law is practical but also grounded in a good understanding of trust law principles, related legislation, and case law. As the author of a number of texts including Taxation of Trusts, the Trustee's Handbook and Trustee Liability, Vicki is well placed to provide advice on all areas of trust law.
You might be interested exploring additional titles on similar and other topics presented by this organisation.