Vervoort v Forrest - [2016] 3 NZLR 807

Relationship property — De facto relationship — Settlement agreements — Family trust established before relationship began — Whether property in family trust relationship property — Whether settlement agreements should be avoided — Duress — Pool of relationship property — Payment under agreements larger than relationship property pool — Property (Relationships) Act 1976.

Trusts and trustees — Sham trust — Illusory trust — Possibility of emerging sham — Effect of control by settlor acting without involvement by other trustee — Sufficient intention nevertheless to establish despite administrative failings.

Trusts and trustees — Constructive trust — Constructive trust claim against express trust — Beneficial interest — Whether trustees needing to act unanimously — Effective control — Trustees leaving management of trust to settlor acting as trustee — Trustees conscience and knowledge — Contributions by spouse — Increase in value of assets — Expectations — Trustees ability to hold trust property on behalf of third party — Insufficient enrichment of trustee to justify trust — Lankow v Rose — Property (Relationships) Act 1976.

Equity — Estoppel — Promissory estoppel — Whether belief or expectation created — Whether unconscionable conduct.