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| Wellington Lawyers: Are Trust Powers Considered Relationship Property? Understanding Family TrustsBy: Corelegal When Can Powers Under a Family Trust Be Treated as Relationship Property (https://corelegal.co.nz/)? At Core Legal, we regularly advise clients in Masterton (https://corelegal.co.nz/) "Can my control or powers under a family trust (https://corelegal.co.nz/) This issue was addressed recently by the Supreme Court of New Zealand, which ruled on whether a person's powers under a trust deed could be treated as "property" under the Property (https://corelegal.co.nz/ Case Overview: Trust Powers vs. Relationship Property (https://corelegal.co.nz/) A couple ended their 10-year de facto relationship, sparking a dispute over relationship property. The man (Mr. P) had helped set up a family trust (https://corelegal.co.nz/) The key legal question: Do an individual's powers under a trust deed amount to "property (https://corelegal.co.nz/)" What the Court Decided The Court carefully reviewed Mr. P's powers under the trust deed. While he had influence, the trust required at least two trustees (https://corelegal.co.nz/) Therefore, the Court ruled that Mr. P's powers did not meet the threshold of "property (https://corelegal.co.nz/)" This contrasted with the earlier Clayton v Clayton case, where a trust deed gave one person near-total control—including the power to make themselves the sole beneficiary— End
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