Erceg v Erceg & ors [2016] NZCA 7

Wills & Trusts Law Reports | November 2016 #164

The Acorn Foundation trust and the Independent Group trust (‘trusts’) were established by the late Michael Erceg (‘settlor’) in the early 2000’s. The appellant, who was a brother of the Settlor, was included within the classes of both discretionary and ultimate beneficiaries of each of the trusts. He was adjudicated bankrupt on 2 February 2010 and his estate vested in the Official Assignee under the Insolvency Act 2006. He was not discharged from bankruptcy until 12 May 2014 by which time the trusts had been wound up without any distribution being made to the appellant. Having u...

In the matter of an application for information about a trust [2013] CA (BDA) 8 CIV

Wills & Trusts Law Reports | May 2015 #149

This was an appeal from a judgment of the Chief Justice dated 12 March 2013 and his subsequent order of 24 April 2013 which required the trustees of a trust to produce financial information to a beneficiary of the trust who was interested in 35% of the trust fund (the minor beneficiary). This appeal was brought by the appointed protector of the trust who was also the principal beneficiary of the trust.

The trust deed contained an information control mechanism (clause 9.2 of the trust deed) which prevented the disclosure of financial information to a beneficiary unless the prot...