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Trusts people! More useful, fresh commentary on the Trusts Act 2019 (new Westlaw (New Zealand))

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With much need for informed commentary on the Trusts Act 2019, Professor Emeritus Nicola Peart’s latest update covers pt 5 of the Act – appointment and discharge of trustees. As the cases are starting to roll through, all trusts law practitioners need informed commentary on the matter.

For anyone involved in the business of trusts law, Professor Emeritus Nicola Peart provides the much-needed comprehensive commentary on the Trusts Act 2019 in Family Property by way of her introduction (which includes a large section on what is not covered by the Act: “The Trusts Act 2019 does not purport to be an exhaustive code”) and detailed commentary on each section of the Act itself. Professor Peart was a member of the expert panel for the Law Commission’s Review of the Trusts Act, culminating in its final report and recommendations (Law Commission Review of the Law of Trusts: A Trusts Act for New Zealand (NZLC R130, 2013) <www.lawcom.govt.nz>. As well as being a keynote speaker for conferences around the country on the Act, she has a complete and assured understanding of what the Act means, what is new and what was intended.

This update includes commentary on pt 5 (ss 92–120) of the Trusts Act, which relates to the appointment and discharge of trustees, including the appointment, retirement, death, removal and replacement of trustees and the divesting and vesting of trust property.

Do not think that this is only of benefit for those involved in family law. Whilst the slant is towards family law and covers family cases, there is much general treatment and interpretation of the Trusts Act, valuable for anyone involved in this area of law with its new Act.

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