Posts in Trust disputes
Wright v Pitfield and Wright [2022] NZHC 385

Section 145 of the Trusts Act 2019 enables the High Court to order that a dispute (as defined) be submitted to mediation (or other ‘ADR process’), provided the terms of the trust do not indicate a contrary intention and the dispute relates to an 'internal matter' (i.e. a matter to which the parties are trustee / beneficiary, or trustee / trustee).

In Wright v Pitfield and Wright [2022] NZHC 385, Venning J decided that s 145 (b) was engaged, the Court had jurisdiction to direct the parties to mediation, and the Court should exercise its discretion to submit the dispute to mediation as, with appropriate assistance, the issues between the parties were  capable of sensible resolution, and there was no good reason not to make the order. Venning J considered S v N [2021] NZHC 2860.

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CEDR’s Complete Guide to Trusts, Wills and Probate Mediation

Trust, Wills and Probate Mediations are among the most challenging of cases. The intense mix of emotional, legal and financial issues can make achieving sustainable outcomes incredibly difficult.

To help lawyers who mediate in this sector, CEDR has put together a practitioner-led guide that offers practical advice on how to manage and prepare for your mediations.

https://indd.adobe.com/view/1d4785a1-87af-4ee6-b11e-0f34e65652c6

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