Judge

A judge should not be able to over rule how a trust is run

The whole point of setting up a trust is not only for protection of assets but also to create a living will.  A trust, properly set up, can provide its beneficiaries with income long after the person who set it up has died.

The old-fashioned traditional way was to write a will.  Traditionally, a will leaves the assets to family members and specifies how the assets should be divided.  Wills are regularly contested in court, particularly if a parent does not divide the assets equally amongst the remaining children.

Even when the division of assets is equal, one sibling can still demand more than their “fair share”.  I know this for a fact as it happened to a friend of mine.  The unreasonable and selfish sibling in my friend’s case ended up getting the majority of the assets simply because they  made it clear that they were prepared to spend years in court and cost the other siblings thousands of dollars, even if this meant that all the inheritance was used up.

Until I read this article I believed that setting up a trust was the best way to provide for my children after my death.  The purpose of a trust, I believed,  could not be overruled  in court. If the trust stated clearly that the assets are not to be sold, but that the passive income was to be divided equally amongst the trust beneficiaries, I expected that it could not be contested.  This latest case in the article below shows that a judge can overrule totally the wishes of the person who set up the trust.  This is a terrible precedent.  It makes me think that no matter how I structure my will or set up a trust any disgruntled relative can use the courts to override it.

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Photo Of The Day

Portrait of Robert McAlpin Williamson.(c. 1804-1859) ""Three Legged Willie"" Appointed first Major of all the Texas Rangers on November 28, 1835.

Portrait of Robert McAlpin Williamson.(c. 1804-1859)
“”Three Legged Willie”” Appointed first Major of all the Texas Rangers on November 28, 1835.

Three Legged Willie

Robert McAlpin Williamson was born in Clark County, Georgia in 1804. His mother died shortly after his birth and his father left him to be raised by his grandparents. Williamson was a colourful character, and numerous legends about him persist.

When he was 15, he came down with what was then called tubercular arthritis in his right leg. A bone infection disease, tubercular arthritis causes very painful swelling of weight-bearing joints and almost always results in deformation of lower legs. Robert was bed-ridden for months and when he recovered; his right leg was paralyzed and shrunken to uselessness below the knee.

During his illness and months of recovery, he studied math, Latin, literature and the law. He became a lawyer and was admitted to the bar when he was only 19 years old. After practicing law for a little over one year, Robert left Georgia and traveled to Alabama and New Orleans. Rumour has it he became involved with a married woman in New Orleans and fled to Austin, Texas in 1827 after severely wounding her husband in a duel.

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Face of the day

cropped-elisabeth-HEADER

Todays face of the day, Elisabeth Sabaditsch-Wolff was found guilty of hate speech. Her crime? Calling Mohammed a pedophile and telling the truth about Islam. In Austria calls for killing Jews are legal but calling Mohammed a Pedophile is illegal.

The last time I checked, a man who sexually touches a 6 year old girl is a pedophile and one who has sex with a 9 year old girl is a pedophile. You can argue that back in the dark ages that kind of child sex was socially acceptable. I would argue that in modern, civilised times it is not. So therefore I confidently and loudly say that the founder of Islam by today’s civilised standards was a kiddy fiddler, a pedophile, a pedo, a pervert, a rapist, a creeper, a pedobear and  a child molester. The forced child marriage that is still sanctioned and happening within Islam is an abomination and is morally and ethically repulsive.

There I have said it. Charge me with hate speech for stating the obvious. What on earth is our world coming to when a woman cannot tell the truth without being arrested and dragged through the legal system while those who call for Jews to be killed not only are left alone, their words are justified by the judiciary.

February 12, 2015 by Daniel Greenfield

It’s not anti-Semitism. It’s anti-Zionism. You can tell because it involves Hitler and killing Jews.

Facebook postings from a Turkish man showing Adolf Hitler, with a statement praising the death of Jews, are a legitimate expression of criticizing the Jewish state, the spokesman for the prosecutor office in the city of Linz, Philip Christl, said on Tuesday.

“I could have annihilated all the Jews in the world, but I left some of them alive so you will know why I was killing them…,” Ibrahim B. wrote on his Facebook page in December.

[…]    Read more »

The Christchurch ‘ sex ‘ romp, what if it had happened in an Islamic Country?

SCCZEN_C_NZH0556181874_620x311

The Media have been making quite a meal of this encounter between two consenting adults. In a democracy like New Zealand these two have been subjected to humiliation and moral condemnation. It may even affect their employment as the encounter occurred in an office. Len Brown still has his job however so maybe they will be alright. Their main mistake was leaving the lights on. Moral condemnation aside ( the man is married ) they are fortunate to have not been caught doing this in a country under the law of the religion of peace.

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Let’s just totally ignore the High Court’s ruling shall we?

A decision to clear Cameron Slater of Privacy Act breaches could result in all bloggers being exempt from the legislation, the Director of Human Rights Proceedings says.

The director’s lawyer, Simon Judd, told the Human Rights Review Tribunal today there was nothing to distinguish Mr Slater from any other blogger who expressed their opinions on the internet.

-RadioNZ

Nothing? Really? How about a High Court ruling that he is a journalist?

A court’s recognition of WhaleOil blogger Cameron Slater as a journalist reflects the changing media landscape, the Newspaper Publishers’ Association (NPA) says.

Slater has won a High Court nod that he is a journalist and that his blog is a news medium

-Stuff

That is a pretty strong distinction don’t you think?

 But Mr Judd told the tribunal the case could set a precedent and result in every blogger being exempt from the Privacy Act if the charge was not upheld.

-RadioNZ   Read more »

Photo Of The Day

328mug3

King In The Slammer

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Kim Dotcom becomes a cheap-arse farmer

Kim Dotcom had apparently become a true’ cheap-arse farmer ‘, the very thing his un -paid staff said he disparagingly called Kiwis.

Maybe it was just his heavy German accent,  or maybe like the New Zealand Dairy industry he can see the value of investing in a business providing storage for stock.

What do you think?

Asked what his post-raid business was, Dotcom said he helped create Mega, a “cloud storage website”.

Judge Nevin Dawson: “A what website?”

Dotcom: “Cloud storage.”

Judge Dawson noted and said: “Cow storage.”

Dotcom, looking exasperated, corrected: “Cloud storage.”

– NZ Herald

Cow storage

Cow storage

Sex crime former cop gets name suppression from dud judge

Some judges, precious few in my opinion, are good, others are crim hugging do-gooders who do more harm than good.

One such do-gooding dud judge has given name suppression to a former cop whose crimes were described by the judge thus:

Judge Tony Zohrab said the victim impact statement made for “distressing reading” and the woman had suffered significant emotional damage because of the offending.

“She describes the nervousness and the fear she feels living in a remote area as a consequence of this incident,” he said.

What was the crime?

A former police officer who carried a woman into bushes and indecently assaulted her has been granted permanent name suppression.

The man, who was not a Nelson officer, appeared in the Nelson District Court for sentencing yesterday on charges of indecently assaulting a woman and performing an indecent act in September 2011.

The man was in Nelson for a colleague’s stag party when he met a woman he went to school with in a bar, said the police summary of facts.

They arranged to meet for a drink after she had finished work.

After the meeting, she offered to drop him off in central Nelson, near Queens Gardens.

As they were saying goodbye the man, who was a police officer at the time, kissed her, forcing his tongue into her mouth and pressing her into the seat.

The woman pushed him off and got out of the car.

He followed, hugged her, picked her up around the waist and carried her into bushes, where he took off his pants and forced her to touch his genitals.

The offending took place on September 24, 2011.

 

And why did the Judge give this scumbag name suppression?

The judge said name suppression was justified because further publicity about the offending would cause extreme hardship for the defendant’s wife and children.

The man and his wife were in “fragile” mental states following previous criminal proceedings, he said.

“This is one of those situations where a merciful approach should be taken, despite the nature of the offending which reflects poorly on you.” Any details that might identify him were suppressed.

A merciful approach?

The guy is s criminal and hounded and sexually assaulted a woman who now lives in fear with her own fragile state and the judge thinks only of the crim.

We don’t have a justice system…we have a legal system.

 

– Fairfax

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Photo Of The Day

Photo/who’swho South Africa Thokozile Matilda Masipa is a former social worker turned journalist turned lawyer turned superior court judge. She’s “eloquent” and highly respected by her peers, but perpetrators should tread lightly.

Photo/who’swho South Africa
Thokozile Matilda Masipa is a former social worker turned journalist turned lawyer turned superior court judge. She’s “eloquent” and highly respected by her peers, but perpetrators should tread lightly.

Judge Thokozile Matilda Masipa

The World Awaits Her Verdict

Oscar Pistorius murder trial: The woman who already knows if the Paralympian is guilty – or not guilty Read more »

Face of the day

Now here is a judge that would not have let Prince Paki off.

We need more judges like this one.

Justice Simon Moore

Justice Simon Moore

An Opotiki man has been given the open-ended sentence of preventive detention for what a judge said was the protection of vulnerable women in particular and the community in general.

Justice Simon Moore imposed the lengthy prison term on Bligh Lawson Thompson, 48, in the High Court at Rotorua on Friday.

He ordered a minimum period of imprisonment of five years on each of the three charges Thompson faced – unlawful detention, sexual violation by rape and unlawful sexual connection. Thompson pleaded guilty to the charges as his trial was about to commence in April.

Justice Moore noted Thompson’s March 2013 offending against a young Opotiki woman he didn’t know was a virtual carbon copy of what he’d done to an Auckland woman 18 years earlier.

For that he’d been jailed for 9½ years, subsequently breaching his parole and being returned to prison.

-NZ Herald