Abstract
Trustee duties are defined when the trust is created, and the trustee controls management and distribution with the powers given to the trustee by the trust instrument. If the settlor or a third party has the power to consent to or direct trustee decisions, is there a trust at all? Trust law is equivocal. It is a question of degree. Family law courts to the contrary want to know what is really going on, and have refused to acknowledge such a trust. In New Zealand, Harrison v Harrison is the latest instance of this.
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