ESTATE OF N M POINTON [2019] NZHC 30

ESTATE OF N M POINTON [2019] NZHC 30

The Court accepted uncontradicted medical evidence that Albert Pointon is incapacitated by stroke, granted leave to proceed by originating application, dispensed with service because all interested parties were before the Court, removed Albert Pointon as trustee and executor, appointed the three applicants as...

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Citation
[2019] NZHC 30
Parties
Applicant/beneficiary: Stephen John Pointon; Applicant/beneficiary: Gregory James Pointon; Applicant/beneficiary: Nigel Mark Pointon; Trustee and Executor (subject of Removal): Albert Pointon; Deceased (estate): Noeline Mary Pointon; Trust (interested Party): Pointon Family Trust; Trust (interested Party): Pointon Property Trust; Estate (interested Party): Estate of Noeline Mary Pointon; Co Trustee and Affidavit Supporter: Mr Wickham
Court
High Court
Jurisdiction
New Zealand
Judgment Date
29 January 2019
Procedural Posture
Trust and Estate Administration Application (removal of Trustee/executor; Appointment of Trustees; Vesting) / Hearing on the Papers; Judgment Granting Without Notice Relief
Outcome
Application granted
Legal Topics
Removal of Trustee, Appointment of Replacement Trustees, Vesting of Land in Trustees, Removal of Executor, Dispensing With Service, Leave to Proceed by Originating Application
Trusts Estate Administration Civil Procedure Removal of Trustee Appointment of Replacement Trustees Vesting of Land in Trustees Removal of Executor Dispensing With Service +1 more

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Parties

Stephen John Pointon

Applicant/beneficiary

Gregory James Pointon

Applicant/beneficiary

Nigel Mark Pointon

Applicant/beneficiary

Albert Pointon

Trustee and Executor (subject of Removal)

Noeline Mary Pointon

Deceased (estate)

Pointon Family Trust

Trust (interested Party)

Pointon Property Trust

Trust (interested Party)

Estate of Noeline Mary Pointon

Estate (interested Party)

Mr Wickham

Co Trustee and Affidavit Supporter

Procedural Posture

Trust and Estate Administration Application (removal of Trustee/executor; Appointment of Trustees; Vesting) / Hearing on the Papers; Judgment Granting Without Notice Relief

Legal Issues

  1. 1 Whether Albert Pointon should be removed as trustee and executor due to incapacity
  2. 2 Whether the applicants should be appointed trustees in substitution
  3. 3 Whether the Court should vest trust/estate property in the new trustees

Ratio Decidendi

The Court accepted uncontradicted medical evidence that Albert Pointon is incapacitated by stroke, granted leave to proceed by originating application, dispensed with service because all interested parties were before the Court, removed Albert Pointon as trustee and executor, appointed the three applicants as trustees in substitution, and ordered vesting of the relevant properties in the new trustees to effect the appointments.

Court Disposition

Application granted

Orders

  • Leave granted to commence by originating application
  • Service dispensed with