Working with Trusts eReference

Working with Trusts eReference

Ian Rowe, Simon Weil

eReference - ProView

Price: POA + GST

Date: 30/09/2015

Code: 41879170

Thomson Reuters, NEW ZEALAND

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Working with Trusts eReference

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Working with Trusts eReference


Working with Trusts takes a detailed but highly practical look at issues related to the creation, management and administration of trusts in New Zealand.

The authors draw on their long experience of working with trusts to explain and elaborate on issues which are important for any professional adviser working with or administering trusts.

Working with Trusts deals with the practical issues likely to be encountered in relation to inter vivos trusts.

Lawyers, accountants, investment advisers, share brokers, farm management consultants and valuers are all groups of advisers who need to deal with trusts at varying frequencies and at differing levels in relation to their structuring and administration.

To meet the needs of these groups, the text strikes a balance between the need to be comprehensive and the need to be understood by an audience comprised of advisers from various disciplines.

Detail has been omitted where it is felt unlikely to be of practical benefit to the intended audience. Conversely, because of the practical focus, some topics are dealt with at a level of detail not normally included in trust textbooks - eg, in relation to trustee administrative procedures.

The text includes links to Trusts Precedents, providing subscribers to that product with access to practical sample documents.

Relevant legislation is also included, with links to the appropriate legislative provision in the Statutes of New Zealand service.

Table of Contents

Nature of a Trust

  • Trust origins
  • Definition of a trust
  • Necessary elements of a trust
  • Sham trusts
  • Illusory trusts
  • Alter ego trusts

Parties to a Trust

  • Settlor
  • Trustee
  • Beneficiary
  • Powerholders
  • Example of trust structure using a powerholder

Why Trusts are created

  • Asset management
  • Gifts for purposes
  • Protection of assets from claims
  • Obtaining government subsidies
  • Tax and duty advantages

How Trusts are created

  • Formal requirements for express trusts
  • Executed and executory trusts
  • Private trusts
  • Rules against perpetuities and accumulations
  • Implied trusts
  • Charitable trusts
  • Trading trusts
  • Planning for transfer of assets to trustees

How Trusts are Changed and Terminated

  • Appointing and removing trustees
  • Apportionment of trust property
  • Variation of trusts
  • Distribution

Trustee and Beneficiary Rights and Obligations

  • Trustee rights
  • Trustee obligations
  • Controlling trustees
  • Limiting trustee liability to beneficiaries
  • Trustee administrative procedures
  • Beneficiary rights and obligations

Trust Taxation

  • Recent developments
  • Residency
  • How trust income is taxed
  • Other distributions to beneficiaries
  • Miscellaneous tax features
  • Financial arrangements rules
  • Tax returns for trusts and beneficaries
  • Gift Duty
  • Transfer of Assets
  • Goods and services tax

Model Financial Statements

  • XYZ Trust — Special Purpose Financial Report

Inland Revenue Department Rulings

Sample Precedents

Appendices and Related Legislation

Media Types


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