An application by W L GEDDES and J T MAWSON for an order vesting land in them in their capacity as the trustees of the Estate of WILLIAM HAMILTON GEDDES [2020] NZHC 1640

An application by W L GEDDES and J T MAWSON for an order vesting land in them in their capacity as the trustees of the Estate of WILLIAM HAMILTON GEDDES [2020] NZHC 1640

The Court accepted the removal of Thelma as trustee and her incapacity, found there was no need for a litigation guardian or service given consent of beneficiaries and absence of opposition, and held that under s 52 Trustee Act 1956 it was appropriate to vest the half share in the continuing trustees to enable them to deal with the property.

Citation
[2020] NZHC 1640
Parties
Applicant / Trustee: William Lindsay Geddes; Applicant / Trustee: Janette Thelma Mawson; Former Trustee / Incapacitated Person: Thelma Agnes Geddes; Deceased Estate: Estate of William Hamilton Geddes
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 July 2020
Procedural Posture
Vesting Order Application Under S 52 Trustee Act 1956 / Determined on the Papers; Judgment Delivered 10 July 2020
Outcome
Application granted; vesting order made in favour of the applicants as continuing trustees
Legal Topics
Vesting Order, Removal of Trustee, Incapacity and Litigation Guardian, Dispensing With Service, Originating Application Under Part 19 High Court Rules
Trusts Probate Estate Administration Civil Procedure Vesting Order Removal of Trustee Incapacity and Litigation Guardian Dispensing With Service +1 more

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Parties

William Lindsay Geddes

Applicant / Trustee

Janette Thelma Mawson

Applicant / Trustee

Thelma Agnes Geddes

Former Trustee / Incapacitated Person

Estate of William Hamilton Geddes

Deceased Estate

Procedural Posture

Vesting Order Application Under S 52 Trustee Act 1956 / Determined on the Papers; Judgment Delivered 10 July 2020

Legal Issues

  1. 1 Whether the Court should vest a half share in land in the continuing trustees under s 52 Trustee Act 1956
  2. 2 Whether the removal of a trustee under s 43(1)(f) Trustee Act 1956 was valid
  3. 3 Whether a litigation guardian must be appointed for an incapacitated former trustee under r 4.30 High Court Rules 2016

Ratio Decidendi

The Court accepted the removal of Thelma as trustee and her incapacity, found there was no need for a litigation guardian or service given consent of beneficiaries and absence of opposition, and held that under s 52 Trustee Act 1956 it was appropriate to vest the half share in the continuing trustees to enable them to deal with the property.

Court Disposition

Application granted; vesting order made in favour of the applicants as continuing trustees

Orders

  • Proceeding may be commenced by originating application under Part 19 High Court Rules 2016
  • Service of the proceeding on any person is dispensed with