Auckland Standards Committee 2 v Gardner [2017] NZLCDT 17 [pdf, 203 KB]
...is nothing inherently wrong with the trust model but argued that the trust wasn’t drafted correctly. First it did not achieve the aim of the instructions in that it was not fixed. Secondly, there ought to have been a record put in place to protect B and J such as a life interest and as well their being nominated as discretionary beneficiaries. He submitted the drafting errors were serious because it alienated the property away from B and J. Such a serious drafting error theref...