Drafting Trusts & Will Trusts in New Zealand


By James Kessler QC and Kerry Ayers

This book arose out of the prizewinning English text Drafting Trusts & Will Trusts by James Kessler, Q.C. New Zealand's trust law originated in England, and many principles remain the same. However, there are some significant differences in trust laws in New Zealand, and a completely different tax environment. This is therefore a wholly New Zealand version of the English text.

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Table of Contents

  1. First Principles
  2. Style
  3. Principles of Interpreting Trust Documents
  4. Beneficiaries
  5. Trustees
  6. Trustees' Powers
  7. Trust Property
  8. The Rules Against Perpetuities
  9. General Provisions of a Trust
  10. Drafting and Understanding Overriding Powers (Appointment, Re-Settlement and Advancement)
  11. Exercising Overriding Powers
  12. Life Tenancy Trusts
  13. Discretionary Trusts
  14. Types of Will Trust
  15. Will and Residential Care Fee Planning
  16. Administrative Provisions
  17. Bare Trusts
  18. Charitable Trusts
  19. Trusts for Disabled Beneficiaries
  20. Governing Law, Place of Administration and Jurisdiction Clauses
  21. Restricting Rights of Beneficiaries
  22. Execution of Wills and Trust Deeds
  23. Appointment & Retirement of Trustees
  24. Indemnities for Executors and Trustees
  25. Precedents

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