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Garrow and Kelly Law of Trusts and Trustees, 8th Edition

Garrow and Kelly Law of Trusts and Trustees, 8th Edition

Author: Chris Kelly; Greg Kelly
Publisher: LexisNexis New Zealand
ISBN: 9781988546292

Previous Edition ISBN: 9781927149454
Published In: March 2022
Format: Paperback , 945 pages
Jurisdiction: New Zealand ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,662.08

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Contents
Author

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For over 100 years, Garrow and Kelly Law of Trusts and Trustees has been the acknowledged New Zealand authority on trust law, cited regularly by the New Zealand Courts including the Supreme Court and Court of Appeal.

This edition of Garrow & Kelly Law of Trusts and Trustees completely updates and incorporates the significant legislative changes of the Trusts Act 2019, ensuring that all legal practitioners and students are well equipped. In addition, our highly experienced authors have included relevant case law since the last edition was published in 2013.

Features

• Regularly cited by the Courts, including the Supreme Court and Court of Appeal.
• Established authority of trust law for over 100 years.

PART 1 INTRODUCTION TO TRUSTS

Chapter 1 What is a Trust? Chris Kelly

PART 2 EXPRESS OR DECLARED TRUSTS

Chapter 2 Types of Trust Chris Kelly

Chapter 3 Parties and Property Chris Kelly

Chapter 4 The Three Certainties Greg Kelly

Chapter 5 Evidential Requirements Greg Kelly

Chapter 6 Consideration and Title Chris Kelly

Chapter 7 How Long Can a Trust Last? Chris Kelly

Chapter 8 Understanding the Terms of the Trust Chris Kelly

Chapter 9 When a Trust May Fail or be Set Aside Chris Kelly

Chapter 10 Powers to Override Trust Chris Kelly

Chapter 11 Shams and Rights Retained by Settlors Chris Kelly

Chapter 12 Charitable Trusts Greg Kelly and Chris Kelly

Chapter 13 Purpose Trusts Greg Kelly

PART 3 TRUSTS ARISING BY OPERATION OF LAW

Chapter 14 Resulting Trusts Greg Kelly

Chapter 15 Constructive Trusts Greg Kelly and Kimberly Lawrence

PART 4 APPOINTMENT AND REPLACEMENT OF TRUSTEES

Chapter 16 Appointment of Trustees Chris Kelly

Chapter 17 Trustees — Acceptance, Retirement and Removal Chris Kelly

Chapter 18 Vesting in New Trustees Colette Mackenzie

PART 5 ADMINISTRATION OF THE TRUST

Chapter 19 Duties, Powers and Discretions Chris Kelly

Chapter 20 Trustees’ Duties and Obligations under the Trusts Act 2019 Greg Kelly and Chris Kelly

Chapter 21 Investment of Trust Funds Chris Kelly

Chapter 22 Capital and Income Chris Kelly

Chapter 23 Trustees’ Powers Chris Kelly

Chapter 24 Rights of Trustees Greg Kelly

PART 6 BENEFICIARIES

Chapter 25 Beneficiaries’ Rights and Powers Chris Kelly

Chapter 26 Variation of Trusts Greg Kelly

PART 7 BREACH OF TRUST

Chapter 27 Liability for Breach of Trust Chris Kelly

Chapter 28 Trustees’ Defences Chris Kelly

PART 8 TRUSTS IN SPECIFIC CONTEXTS

Chapter 29 Māori Land Court’s Trust Jurisdiction Colette Mackenzie

Chapter 30 Statutory Trustees Chris Kelly

Chapter 31 Trusts and Other Countries’ Laws Chris Kelly

Chris Kelly

Chris Kelly BA, LLB, Dip Mgmt, TEP has over 40 years’ experience as a lawyer specialising in wills, trusts, estates, and elder law. In addition to working for many years as a lawyer in Public Trust, he also held other varied roles there, including District Public Trustee (manager) at their flagship Wellington branch and Chairman

Greg Kelly

Greg Kelly has 40 years’ experience in the wills, trusts, and estate area. He is a member of the Wills and Trusts Committee of the NZLS Property Law Section, and a member of STEP. In 2009, Greg established Greg Kelly Law Limited a specialist will, estate, and trust legal practice.

Colette Mackenzie

Colette Mackenzie was admitted as a barrister and solicitor in May 1997 and previously managed a large trust practice for a Lower Hutt/Wellington-based firm, and later at a boutique family law firm. Now at Greg Kelly Law, Colette advises on all aspects of trust law, including the division of trust and relationship property on separation and death, as well as wills, EPAs, estates, and property.

Kimberly Lawrence

Kimberly Lawrence LLB (Hons), BA principal practice area is trust and estate disputes, along with relationship property, capacity, and elder law disputes. She provides strategic advice to executors, trustees, and beneficiaries contemplating or involved in litigation, and appears in court regularly.