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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23063
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am a Trustee and Beneficiary of a Trust set up by my late

Customer Question

Hi, I am a Trustee and Beneficiary of a Trust set up by my late Father, along with my Mother, Brother and Sister. In the Trust Deeds it reads,' Everything to do with property is Majority and everything else is unanimous.' Is this Legal? Where do I go for
help when I am not being informed of what is going on in the Trust, money is being shifted without my knowledge. Do I go to the Law Society? Thanks Rachael
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

As a trustee you are entitled to know the decisions and transactions, and if money is being transferred you must be part of that decision. The Law Society doesn't have power over family trusts, but you could get a lawyer to write to the other trustees expressing concern, and telling them that this is a breach of the trust deed, but the solution is to consult. If they ignore you, you could apply to the High Court and ask for the breaches to be looked at and possibly removal of the trustees and an independent trustee appointed. That would be a serious and expensive option, and you should try to negotiate first.