1 May 2011

Litigation over trusts rises

10:47 am on 1 May 2011

An Auckland barrister and author says court cases over trusts, including family trusts, have increased by up to 500% in the past decade.

The Law Commission is investigating the law on trusts, with a particular focus on the people who adminster them.

Specialists say most trustees, who are often non-professionals, have no idea what they should be doing to ensure a trust is valid.

One lawyer specialising in trusts, John Brown, says a surge in litigation reflects that, because issues are becoming more complex and beneficiaries know more about their rights. Mr Brown says trustees will have to raise their game.