White v Cohen [2014] NSWSC 1901

White v Cohen [2014] NSWSC 1901

Because the sole surviving trustee, Helen Audrey Cohen, suffered from advanced dementia and was incapable of administering the estate or making decisions concerning it, and because the proposed new trustees had filed affidavits establishing their fitness and the tutor and beneficiaries consented, it was necessary to remove her and expedient to appoint the plaintiffs as trustees.

Jurisdiction
Australia
Judgment Date
28 November 2014
Procedural Posture
Equity Proceeding Concerning Trusts and Trustees, Removal and Replacement of Trustees / Summons for Orders; Ex Tempore Decision
Outcome
New trustees appointed
Legal Topics
['removal of Trustee' 'appointment of New Trustees' 'incapacity of Trustee' 'vesting of Trust Property' 'costs From Trust Assets']
['equity' 'trusts and Trustees'] ['removal of Trustee' 'appointment of New Trustees' 'incapacity of Trustee' 'vesting of Trust Property' 'costs From Trust Assets']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Proceeding Concerning Trusts and Trustees, Removal and Replacement of Trustees / Summons for Orders; Ex Tempore Decision

Legal Issues

  1. 1 ['Whether Helen Audrey Cohen should be removed as surviving trustee of the trusts of the will of Raymond Charles Cohen dated 1 August 1978.' 'Whether Kenneth Henry White and Robyn Marilyn Cohen should be appointed as trustees of the trust.' 'Whether trust property should vest in the newly appointed trustees.' "Whether the parties' costs should be paid out of the trust assets."]

Ratio Decidendi

Because the sole surviving trustee, Helen Audrey Cohen, suffered from advanced dementia and was incapable of administering the estate or making decisions concerning it, and because the proposed new trustees had filed affidavits establishing their fitness and the tutor and beneficiaries consented, it was necessary to remove her and expedient to appoint the plaintiffs as trustees.

Court Disposition

New trustees appointed

Orders

  • ['Helen Audrey Cohen be removed as trustee of the trusts of the will of the late Raymond Charles Cohen dated 1 August 1978 ("the trust").' 'Kenneth Henry White of 103 Galoola Drive, Nelson Bay, and Robyn Marilyn Cohen of 20 Leinster Avenue, Killarney Heights; be appointed trustees of the trust.' 'The property of the...