Re Estate of HUSTON [2020] NZHC 3207

Re Estate of HUSTON [2020] NZHC 3207

Given the applicant’s supporting affidavit, the prior removal of the former executor for incapacity, and statutory authority under Trustee Act 1956 s 52(1)(b)(i) read with Administration Act 1969 s 21(3), the Court has jurisdiction and finds it appropriate to vest the specified estate property in the applicant and to dispense with service on the former trustee.

Citation
[2020] NZHC 3207
Parties
Applicant; Trustee/administrator of the Estate of Constance Huston: Shirley Ruth Fisher; Former Executor/removed Trustee: Gloria June Lewis; Deceased Estate: Estate of Constance Huston
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 December 2020
Procedural Posture
Application Under Trustee Act 1956 and Administration Act 1969 for Vesting of Estate Property / Duty Judge Hearing on the Papers; Application for Vesting Order Following Removal of Former Executor
Outcome
Application granted in part
Legal Topics
Vesting Order, Removal of Executor/trustee, Dispensing With Service, Jurisdiction Under Trustee Act and Administration Act
Trusts and Trustees Law Succession and Estate Administration Civil Procedure Vesting Order Removal of Executor/trustee Dispensing With Service Jurisdiction Under Trustee Act and Administration Act

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Parties

Shirley Ruth Fisher

Applicant; Trustee/administrator of the Estate of Constance Huston

Gloria June Lewis

Former Executor/removed Trustee

Estate of Constance Huston

Deceased Estate

Procedural Posture

Application Under Trustee Act 1956 and Administration Act 1969 for Vesting of Estate Property / Duty Judge Hearing on the Papers; Application for Vesting Order Following Removal of Former Executor

Legal Issues

  1. 1 Whether the Court has jurisdiction to vest estate property in the new trustee under s 52(1)(b)(i) Trustee Act 1956
  2. 2 Whether s 21(3) Administration Act 1969 supports the vesting order
  3. 3 Whether service on the former trustee should be dispensed with

Ratio Decidendi

Given the applicant’s supporting affidavit, the prior removal of the former executor for incapacity, and statutory authority under Trustee Act 1956 s 52(1)(b)(i) read with Administration Act 1969 s 21(3), the Court has jurisdiction and finds it appropriate to vest the specified estate property in the applicant and to dispense with service on the former trustee.

Court Disposition

Application granted in part

Orders

  • Leave granted to bring the proceedings as an originating application
  • Service on the former trustee, Gloria June Lewis, dispensed with