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  1. #31
    Join Date
    Sep 2004
    Location
    Hastings
    Posts
    9,046

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    Quote Originally Posted by Winston001 View Post
    The reasonable expectation is that the couple (not only the beneficiary) will become
    vested owners or cash equivalent in the fullness of time. When the beneficiary decides
    love isn't forever and they part - at that moment the expectation is cancelled for the
    spouse who has to go down the road.
    That's sort-of what I'm getting at. As a Trust is valid for 70 (?) years from inception
    and almost always those who would have been heritors under a Will have been clas-
    sified as discretionary beneficiaries, I see that as having a marked impact on any
    expectations, reasonable or otherwise. (Ordinarily, the children would be added to
    the list of discretionary beneficiaries.

    Quote Originally Posted by Winston001 View Post
    Simple example: parent's trust buys a small farm for son and daughter-in-law to live
    on and work. The couple own the stock and plant, pay any mortgage outgoings etc,
    and are told that if they work hard eventually one day all of this will be theirs. Children
    come along, both husband and wife share the farm work and rearing the children, the
    property gets new fencing, sheds are rebuilt, gorse cleared etc etc - it is a joint enterprise.

    But after 12 years the marriage falters and they separate with very little relationship
    property for the wife. She claims under S 182 and patiently waits until her parents-in-law
    get fed up and make an offer.
    Further, as Wayne observes, if there are a number of discretionary beneficiaries who
    are children or grandchildren, then the Trust would have multiple interested party
    discretionary beneficiaries to consider.

    Using your farm example, let's say that most of the Trust's assets are the example
    farm and income from the lease of that farm is used to make distributions to other
    discretionary beneficiaries of the Trust. They would be most disgruntled to see half
    of the Trust's capital asset disappear off with an ex-in-law, reducing their annual
    discretionary distribution. Very messy.

  2. #32
    Join Date
    Dec 2010
    Location
    Auckland for work, Counties Manukau for home
    Posts
    925

    Default

    Quote Originally Posted by TheLiberalLeft View Post
    I wasn't aware they had an eyesight-impaired selection of models at Victoria Secret.
    Presumably all the kinky goings-on have led to the failure of vision. Or at least that was what I was told as a boy.


 

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