Clayton v Clayton [Vaughan Road Property Trust] - [2016] 1 NZLR 551

Relationship property — Trusts — Whether power of settlor/trustee amounted to general power of appointment — Whether powers of settlor/trustee “property” and “relationship property” — Valuation of such powers — Property (Relationships) Act 1976, s 2.

Trusts and trustees — Express trust — Whether power of settlor/trustee amounted to general power of appointment — Whether powers of settlor/trustee “property” and “relationship property” — Valuation of such powers — Property (Relationships) Act 1976, s 2.

Trusts and trustees — Illusory trust — Whether useful term — Whether valid trust created.

Trusts and trustees — Sham trust — Whether terms of trust rendered it a sham or illusory — Whether settlor/trustee had intended to settle trust.