Trusts emerge regularly in relationship property disputes and they are generally well understood to take priority whenever there is a competition between the trust and a claim that the trust property otherwise falls within the pool of relationship assets available for division. Nevertheless,...

This article considers the New Zealand Court of Appeal decision in Clayton v Clayton, which concerned a relationship property dispute involving assets held in trusts. The authors provide a brief discussion of the relationship property claims that Mrs. Clayton made against Mr. Clayton’s various...