What should a trustee do when a decision to do something is clearly in the best interests of the trust but there is doubt as to whether the trustee has the power to make the decision? Pravir Tesiram
considers this question and others in his article “When should trustees seek the directions of the Court”, which appeared in the February issue of Offshore Investment
. In New Zealand, section 66 of the Trustee Act 1956 provides the jurisdiction for applications by trustees for directions and in this article Pravir takes a closer look at the scope of this section.
Click here for a copy of the article.