Estate of Valerie Clarice Laycock [2019] NZHC 1146

Estate of Valerie Clarice Laycock [2019] NZHC 1146

Where trustees have carried out reasonable inquiries including engagement of a private investigator, and where further inquiries or advertising are unlikely to be productive or would unduly deplete a modest estate, the court will grant a s 76 order permitting distribution as if the missing beneficiary never existed; publication of advertisements is not mandatory in such circumstances.

Citation
[2019] NZHC 1146
Parties
Applicant (solicitor for Trustees/executors): William Beau Holland; Trustee and Executor: John Douglas Patterson; Deceased: Valerie Clarice Laycock; Beneficiary: Brent Laycock; Missing Beneficiary: Euan Laycock
Court
High Court
Jurisdiction
New Zealand
Judgment Date
23 May 2019
Procedural Posture
Application Under Trustee Act 1956 S 76 / Hearing on Without‑notice Originating Application; Judgment and Order Granted
Outcome
Application granted
Legal Topics
Trust Administration, Missing Beneficiary, Application Under Trustee Act S 76, Without‑notice Procedure
Trusts Succession Civil Procedure Trust Administration Missing Beneficiary Application Under Trustee Act S 76 Without‑notice Procedure

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Parties

William Beau Holland

Applicant (solicitor for Trustees/executors)

John Douglas Patterson

Trustee and Executor

Valerie Clarice Laycock

Deceased

Brent Laycock

Beneficiary

Euan Laycock

Missing Beneficiary

Procedural Posture

Application Under Trustee Act 1956 S 76 / Hearing on Without‑notice Originating Application; Judgment and Order Granted

Legal Issues

  1. 1 Whether the trustees have made all reasonable inquiries to locate a missing beneficiary
  2. 2 Whether publication of advertisements under s 76 is mandatory or can be dispensed with
  3. 3 Whether the court should grant an order under s 76 permitting distribution as if the missing beneficiary never existed

Ratio Decidendi

Where trustees have carried out reasonable inquiries including engagement of a private investigator, and where further inquiries or advertising are unlikely to be productive or would unduly deplete a modest estate, the court will grant a s 76 order permitting distribution as if the missing beneficiary never existed; publication of advertisements is not mandatory in such circumstances.

Court Disposition

Application granted

Orders

  • Order pursuant to s 76 Trustee Act 1956 that the executors and trustees of the estate of Valerie Clarice Laycock may distribute the estate as if Euan Laycock never existed
  • Brent Laycock to receive the share of the residue that was intended for Euan Laycock, subject to appropriate deductions for legal fees and administration costs