Trust Litigation

Wynn Williams & Co is one of New Zealand's leading trust law litigation firms. We have a specialist trust litigation team dedicated to this area.

Our trust litigation team has acted in many of New Zealand's leading cases involving trust and fiduciary law in commercial, relationship property, and private client contexts. These cases require expertise in litigation, trust law, family law, commercial law, and property law. We have a high level of expertise in all of these areas.

Our recent cases include disputes about:
  • Trustees exercising their powers incorrectly
  • Which beneficiaries can benefit under a trust
  • Removal of trustees
  • Trusts holding assets that would have otherwise been relationship property
  • Trustees' powers under charitable trusts
  • When fiduciary duties apply in commercial situations
  • Obtaining Trust information for beneficiaries
  • Challenges to Wills

Some examples of our leading cases are:

  • Kain & Ors v Hutton & Ors [2008] Supreme Court - Complex litigation involving 17 family trusts 
  • Save Our Arts Centre v The Arts Centre of Christchurch Trust Board and Ors [2009] High Court - High profile litigation relating to the powers of charity trustees
  • Re Mulligan [1998] High Court - Leading decision on balancing trustee duties to income beneficiaries with duties to capital beneficiaries
  • P v P [2005] High Court - Trusts and relationship property division
  • Walker v Collins [2009] High Court - Settlors' Memorandum of Wishes and Oral Agreements of Trustees with Beneficiaries 
  • Nuthall v Heslop [1995] High Court - Existence of constructive trusts in the context of relationship property 
  • Clark Boyce v Mouat [1993] Privy Council - Leading decision on the fiduciary duties of solicitors when acting for both parties in a transaction
  • Chirnside v Fay [2007] Supreme Court - New Zealand’s leading case on fiduciary duties in joint ventures and allowances when an account of profits is awarded

Our trust litigation team takes instructions from solicitors, accountants, banks, and trustee companies throughout New Zealand.

Our team members' recent publications in this area include:

  • Co-authorship of Butler (Ed), Equity and Trusts in New Zealand, Second Edition, Brookers 2009 (Trustee Powers and Trading Trusts).
  • Co-authorship of New Zealand Conveyancing Law and Practice, CCH (Tenure and Life Estates).
  • Publications in the New Zealand Law Journal (Dishonest Assistance and Litigation Costs).
  • Acting as counsel in the Supreme Court and the Court of Appeal in New Zealand’s leading trust case, Kain & Ors v Hutton & Ors [2008] 3 NZLR 589 (SC), [2007] 3 NZLR349.
  • Successfully appearing in the Supreme Court in leading trust case of Kain v Hutton [2008] NZSC 61