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Answered in 2 hours by:
6/24/2014
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 32,268
Experience: 42 years qualified as a lawyer; LLB, MMgt and FAMINZ.
VerifiedChris The Lawyer : Hi and welcome. My first response will follow shortly. Please feel free to follow up if anything is not clear.
Chris The Lawyer : In a trust deed clauses like this are permissible because the settlor of the trust clearly wanted certain voting rules. So on the sale of land, if there was a majority, they can get a court order to sell if you refuse.
Customer:
Many thanks for your answer, but in my case, when i wanted my third of my share of the Inheritance in land and the other three Family members said no, that had to sell it to me,otherwise they would have had to go to court to get my name of the Title.
Chris The Lawyer : An issue of sale of land could be by the majority, but a decision about vesting your share by land instead of money may be a majority.
Chris The Lawyer : However where trustees could not agree on a proposal like this the default position is sale.
Customer:
This was an amalgamation to my existing block of land.Sorry this is a continuation of the above, so really speaking the clause that was written was void or illegal, because I proved that the clause anything to do with land was Majority, in my case it wasn't , it had to be unanimous, do you agree with me please?
Chris The Lawyer : For sale, a majority, but for other decisions unanimous, so if they didn't agree on vesting the land in lieu of other legacies, that would appear to need unanimous decisions
Customer:
Thankyou but don't think this clause was misleading as I have had advice from other Trust Lawyers that they would never have put a clause like this in a Trust Deed. For that reason, what has happened to me, makes that clause a double-edged sword with two conflicting purposes, but when it comes to the crunch, the Majority on land , goes out the window - do agree?
Chris The Lawyer : It is one thing to say they would not use a clause like this, but different to say if this is permissible and legal. The trustee has the choice of this type of arrangement when he settled the trust, and whether you like the result or not, it is legal. I can see why this is unhappy for you, but it is not unlawful
Customer:
Many thanks for your replies,you have been most helpful.
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 32,268
Experience: 42 years qualified as a lawyer; LLB, MMgt and FAMINZ.
VerifiedChris The Lawyer and 87 other New Zealand Law Specialists are ready to help you
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