Download or read book How Can the Property Relationships Act Be Trusted An Analysis of Trust Law and Its Interface with Relationship Property written by Emily Devaney and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deficiencies in the Property (Relationships) Act 1976 (PRA) have led to allegations of sham trusts, alter ego trusts, the bundle of rights doctrine and illusory trusts. These claims are not the correct means to deal with the failure of legislation to fulfil its intention. They are ill-suited for trust law and are indicative of a growing pressure to allow access to trust capital, and to prevent excessive control of trusts defeating the rightful entitlement of a spouse to equal sharing of relationship property. In order to clarify the law of trusts and of relationship property this article recommends reform to s 44C of the PRA, to allow access to trust capital. It recommends repealing s 182 of the Family Proceedings Act. This article stands for the proposition that these reforms alone are insufficient. Indications of what constitutes intent to defeat rights should be included in s 44. Effective control of trust property by a defendant who is the claimants spouse or partner, should be an indication of intent to defeat rights that will allow the disposition to be set aside. These reforms will give effect to the purpose of the PRA and clarify trust law.
Download or read book The Property Relationships Act 1976 and Trusts written by Nicola Peart and published by . This book was released on 2019 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trusts often have the effect of undermining the social aims of the Property (Relationships) Act 1976. In the absence of legislative action, the courts have been sympathetic to a range of arguments aimed at accessing trust assets that would have been subject to division between the parties but for the trust. None of these judicial responses adequately addresses the current deficiencies of the Property (Relationships) Act or the potential detriment to trusts and their beneficiaries. This paper considers a range of potential reforms and argues that any reform should seek to strike a balance between the social aims of a relationship property regime and the right of owners to structure their property interests as they wish.
Download or read book How Can the Property Relationships Act Be Trusted An Analysis of Trust Law and Its Interface with Relationship Property Law written by Emily Devaney and published by . This book was released on 2017 with total page 43 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deficiencies in the Property (Relationships) Act 1976 (PRA) have led to allegations of sham trusts, alter ego trusts, the bundle of rights doctrine and illusory trusts. These claims are not the correct means to deal with the failure of legislation to fulfil its intention. They are ill-suited for trust law and are indicative of a growing pressure to allow access to trust capital, and to prevent excessive control of trusts defeating the rightful entitlement of a spouse to equal sharing of relationship property. In order to clarify the law of trusts and of relationship property this article recommends reform to s 44C of the PRA, to allow access to trust capital. It recommends repealing s 182 of the Family Proceedings Act. This article stands for the proposition that these reforms alone are insufficient. Indications of what constitutes intent to defeat rights should be included in s 44. Effective control of trust property by a defendant who is the claimants spouse or partner, should be an indication of intent to defeat rights that will allow the disposition to be set aside. These reforms will give effect to the purpose of the PRA and clarify trust law.
Download or read book Review of the Property Relationships Act 1976 written by and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Review of the Property Relationships Act 1976 written by New Zealand. Law Commission and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Property (Relationships) Act 1976 (PRA) sets out the rules for how property owned by either or both partners is divided when they separate or when one of them dies. It applies to marriages, civil unions and de facto relationships. The policy of the pRA is the just division of property, and this policy is given effect primarily through the general rule that each partner is entitled to share equally in "relationship property", subject to limited exceptions. When first passed the PRA was seen as a significant and long-awaited step in the development of relationship property law in New Zealand. However, the PRA is now over 40 years old and in that time New Zealand has undergone a period of signifcant social change. The Law Commission was asked to review the PRA to determine whether it is still operating appropriately and effectively.
Download or read book Separation and Family Trusts written by Trina Gillbanks and published by . This book was released on 2004 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Property Law and the Property Relationships Act 1976 written by Geoffrey Lloyd Harrison and published by . This book was released on 2001 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Relationship Property and Death written by Bill Patterson and published by . This book was released on 2019 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article considers the New Zealand High Court decision of Re Russell: Public Trust v Whyman, which was concerned with the death provisions of the Property (Relationships) Act 1976 (PRA). The author analyses the decision in detail, and concludes that it reveals a disturbing level confusion about the death provisions of the PRA and sets a dangerous precedent for the future.
Download or read book Trusts for Property Lawyers written by Andrew Watkins (lawyer.) and published by . This book was released on 2012 with total page 101 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Property law and the Property Relationships Act 1976 April May 2002 written by New Zealand Law Society and published by . This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers from a New Zealand Law Society seminar held in April-May 2002. Contents: 1. Comparing the Matrimonial Property Act 1976 to the Property (Relationship) Act 1976 2. Outcome for practitioners 3. Property transactions and the PRA 4. PRA and third party rights 5. Contracting out within the PRA 6. Miscellany of notable developments.
Download or read book The Property Relationships Act 1976 written by Margaret Mary Casey and published by . This book was released on 2001 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trust Principles Overlooked written by Jessica Palmer and published by . This book was released on 2019 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trusts emerge regularly in relationship property disputes and they are generally well understood to take priority whenever there is a competition between the trust and a claim that the trust property otherwise falls within the pool of relationship assets available for division. Nevertheless, there appears to be some confusion over the boundaries of the Property (Relationships) Act 1976 (PRA) as it applies to trust property and this can cost a spouse, partner or beneficiary property that is rightfully theirs. This article explains three important points that ought to be borne in mind by practitioners working in this area, illustrated by an analysis of three recent decisions.
Download or read book Relationship Property written by N. S. Peart and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Property Relationships Act 1976 a Property Lawyer s Handbook written by K. R. Ayers and published by . This book was released on 2002 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trusts the Property Relationships Act written by John Hart and published by . This book was released on 2001 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Death and Relationship Property written by Nicola Peart and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article discusses the death provisions in the New Zealand Property (Relationships) Act 1976 (PRA) and their application in the New Zealand Court of Appeal decision in Public Trust v Whyman. The author argues that the decision reveals the general uncertainty as to the overall purpose and scheme of the death provisions, which suggests the provisions are poorly drafted and in need of amendment. The article concludes that, whatever the outcome of Whyman, legal problems will remain unless there is clarification of the law.
Download or read book Put Your Trust in Me written by Amy Wenjun Duan and published by . This book was released on 2011 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
