RE GLOVER [2017] NZHC 641

RE GLOVER [2017] NZHC 641

Because the trustees, adult beneficiaries and counsel for the unborn grandchildren consented, and the Court was satisfied the proposed variations would assist the functioning of the trusts and would not adversely affect the future beneficial interests of unborn grandchildren, the Court approved the variations under s64A Trustee Act 1956.

Citation
[2017] NZHC 641
Parties
First Applicant: Gael Lee Glover; Second Applicant: Ian William Glover
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 April 2017
Procedural Posture
Application Under S64 a Trustee Act 1956 / Decision on Originating Application Approving Trust Variation
Outcome
Application granted; Court approved proposed variations of the Gael Glover Family Trust and the Ian Glover Family Trust under s64A Trustee Act 1956 and granted leave to proceed by originating application with directions as sought.
Legal Topics
Variation of Trust, Unborn Beneficiaries, Representation and Service
Trusts Civil Procedure Variation of Trust Unborn Beneficiaries Representation and Service

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Parties

Gael Lee Glover

First Applicant

Ian William Glover

Second Applicant

Procedural Posture

Application Under S64 a Trustee Act 1956 / Decision on Originating Application Approving Trust Variation

Legal Issues

  1. 1 Whether the Court should approve a variation of trust under s64A on behalf of unborn or unknown persons
  2. 2 Whether leave should be granted to bring the application by originating application and directions as to representation and service
  3. 3 Whether the proposed variations would adversely affect the future beneficial interests of unborn grandchildren

Ratio Decidendi

Because the trustees, adult beneficiaries and counsel for the unborn grandchildren consented, and the Court was satisfied the proposed variations would assist the functioning of the trusts and would not adversely affect the future beneficial interests of unborn grandchildren, the Court approved the variations under s64A Trustee Act 1956.

Court Disposition

Application granted; Court approved proposed variations of the Gael Glover Family Trust and the Ian Glover Family Trust under s64A Trustee Act 1956 and granted leave to proceed by originating application with directions as sought.

Orders

  • Order approving variation of the Gael Glover Family Trust to exclude Ian Glover and include Gael Glover as beneficiary as per executed deed of variation
  • Order approving variation of the Ian Glover Family Trust to exclude Gael Glover and include Ian Glover as beneficiary as per executed deed of variation