WILSON V WILSON [2019] NZHC 1636

WILSON V WILSON [2019] NZHC 1636

Because Mrs Wilson lacked mental capacity, had been removed as a trustee and was unable to execute documents to transfer title, and because a litigation guardian had been appointed and supported the application, the Court was satisfied a vesting order under s 52 Trustee Act 1956 was appropriate to vest the property in the current trustees and to order that Mrs Wilson's reasonable costs be met by the Trust.

Citation
[2019] NZHC 1636
Parties
Applicant Trustee: Shona Anne Lorraine Wilson; Applicant Trustee: Andrew Douglas Alistair Wilson; Applicant Trustee: Morag Sheena Caroline Gurnsey; Applicant Trustee: Ewan Angus Duncan Wilson; Respondent Registered Proprietor and Former Trustee: Nancy Hannah Wilson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
15 July 2019
Procedural Posture
Vesting Order Under S 52 Trustee Act 1956 / Application on Papers; Judgment and Consent Orders Delivered
Outcome
Application granted by consent: vesting order made and costs of the respondent to be met by the Trust
Legal Topics
Vesting Order, Removal of Trustee, Registered Title Transfer, Litigation Guardian Appointment, Costs
Trusts Property Equity Capacity Law Vesting Order Removal of Trustee Registered Title Transfer Litigation Guardian Appointment +1 more

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Parties

Shona Anne Lorraine Wilson

Applicant Trustee

Andrew Douglas Alistair Wilson

Applicant Trustee

Morag Sheena Caroline Gurnsey

Applicant Trustee

Ewan Angus Duncan Wilson

Applicant Trustee

Nancy Hannah Wilson

Respondent Registered Proprietor and Former Trustee

Procedural Posture

Vesting Order Under S 52 Trustee Act 1956 / Application on Papers; Judgment and Consent Orders Delivered

Legal Issues

  1. 1 Whether a vesting order under s 52 Trustee Act 1956 was appropriate to transfer registered title from an incapacitated former trustee to the current trustees
  2. 2 Whether removal of a trustee and the trustee's lack of mental capacity justified court intervention to effect transfer
  3. 3 Whether the Trust should meet the reasonable costs of the incapacitated former trustee in these proceedings

Ratio Decidendi

Because Mrs Wilson lacked mental capacity, had been removed as a trustee and was unable to execute documents to transfer title, and because a litigation guardian had been appointed and supported the application, the Court was satisfied a vesting order under s 52 Trustee Act 1956 was appropriate to vest the property in the current trustees and to order that Mrs Wilson's reasonable costs be met by the Trust.

Court Disposition

Application granted by consent: vesting order made and costs of the respondent to be met by the Trust

Orders

  • The property at 128 Lake Crescent as set out in Certificate of Title identifier SA26D/776 shall vest with the Trustees of the Sebastian Family Trust.
  • Actual and reasonable costs incurred by Mrs Wilson in this proceeding shall be met by the Sebastian Family Trust.