RE THE ESTATE OF BHULA [2021] NZHC 2098

RE THE ESTATE OF BHULA [2021] NZHC 2098

Permission to proceed by originating application under Part 19 was appropriate and, given probate and the applicants' roles as executors and trustees and the absence of prejudice to beneficiaries, the Court exercised its power under s52(1)(a) Trustee Act 1956 to vest the property registered in the name of Tara Bhula as Administrator in the applicants as trustees of the Residuary Estate of Taraben Bhula.

Citation
[2021] NZHC 2098
Parties
Applicant/trustee of the Residuary Estate of Taraben Bhula: Vaughan Francis Richardson; Applicant/trustee of the Residuary Estate of Taraben Bhula: Dugald John MacLachlan; Registered Owner (as Administrator) of the Property: Tara Bhula; Deceased (testatrix): Taraben Bhula
Court
High Court
Jurisdiction
New Zealand
Judgment Date
12 August 2021
Procedural Posture
Application for Vesting Order Under Trustee Act 1956 S52 / Application Decided on the Papers; Judgment Granting Vesting Order
Outcome
Application granted; vesting order made in favour of the applicants as trustees
Legal Topics
Vesting Order, Trustee Act 1956 S52, High Court Rules Part 19, Originating Application Under Part 19, Administration of Estate
Trusts Property Probate Civil Procedure Vesting Order Trustee Act 1956 S52 High Court Rules Part 19 Originating Application Under Part 19 +1 more

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Parties

Vaughan Francis Richardson

Applicant/trustee of the Residuary Estate of Taraben Bhula

Dugald John MacLachlan

Applicant/trustee of the Residuary Estate of Taraben Bhula

Tara Bhula

Registered Owner (as Administrator) of the Property

Taraben Bhula

Deceased (testatrix)

Procedural Posture

Application for Vesting Order Under Trustee Act 1956 S52 / Application Decided on the Papers; Judgment Granting Vesting Order

Legal Issues

  1. 1 Whether the Court should exercise its power under s52(1) Trustee Act 1956 to vest land in the executors/trustees
  2. 2 Whether the proceeding could be commenced by originating application under Part 19 of the High Court Rules 2016
  3. 3 Whether service on beneficiaries or appointment of counsel for them was required

Ratio Decidendi

Permission to proceed by originating application under Part 19 was appropriate and, given probate and the applicants' roles as executors and trustees and the absence of prejudice to beneficiaries, the Court exercised its power under s52(1)(a) Trustee Act 1956 to vest the property registered in the name of Tara Bhula as Administrator in the applicants as trustees of the Residuary Estate of Taraben Bhula.

Court Disposition

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

Orders

  • Order granting permission, pursuant to r 19.5 of the High Court Rules, to commence the originating application pursuant to Part 19 of the High Court Rules
  • Order dispensing with service on any other party