Samson v Rogers [2018] NZHC 1575

Samson v Rogers [2018] NZHC 1575

Documentary evidence established that trustees resolved in 2002 to transfer the Property to Mrs Warren but legal title was not effected; one trustee cannot be located and the statutory criteria in s 52(1)(g) and (h) of the Trustee Act 1956 are satisfied; combined with s 24 Administration Act 1969 and probate having...

Source-derived case information.

Citation
[2018] NZHC 1575
Parties
Applicant; Executor of the Estate of Josephine Judith Warren: Margaret Nancy Mary Samson; Joint Respondent; Former Trustee of the Josephine Warren Family Trust: Adrienne Rosemary Rogers; Joint Respondent; Former Trustee of the Josephine Warren Family Trust: Andrew Mark Wilmot Seton
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 June 2018
Procedural Posture
Application for Vesting Order Under the Trustee Act 1956 / Judgment on Application (on the Papers)
Outcome
Order made vesting legal title in the Property in the name of Margaret Nancy Mary Samson in her capacity as executor of the estate of Josephine Judith Warren; no order as to costs.
Legal Topics
Vesting Order (s 52 Trustee Act 1956), Executor Title (s 24 Administration Act 1969), Substituted Service, Equity: 'done That Which Ought to Be Done'
Trusts Estates and Probate Property Law Civil Procedure Vesting Order (s 52 Trustee Act 1956) Executor Title (s 24 Administration Act 1969) Substituted Service Equity: 'done That Which Ought to Be Done'

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Parties

Margaret Nancy Mary Samson

Applicant; Executor of the Estate of Josephine Judith Warren

Adrienne Rosemary Rogers

Joint Respondent; Former Trustee of the Josephine Warren Family Trust

Andrew Mark Wilmot Seton

Joint Respondent; Former Trustee of the Josephine Warren Family Trust

Procedural Posture

Application for Vesting Order Under the Trustee Act 1956 / Judgment on Application (on the Papers)

Legal Issues

  1. 1 Whether a vesting order may be made under s 52 Trustee Act 1956
  2. 2 Whether the circumstances fall within s 52(1)(g) and s 52(1)(h)
  3. 3 Whether the Property should vest in the executor of the deceased settlor

Ratio Decidendi

Documentary evidence established that trustees resolved in 2002 to transfer the Property to Mrs Warren but legal title was not effected; one trustee cannot be located and the statutory criteria in s 52(1)(g) and (h) of the Trustee Act 1956 are satisfied; combined with s 24 Administration Act 1969 and probate having been granted, it is appropriate and necessary to vest legal title in the executor, Margaret Samson, to give effect to the settled intent and enable administration of the estate.

Court Disposition

Order made vesting legal title in the Property in the name of Margaret Nancy Mary Samson in her capacity as executor of the estate of Josephine Judith Warren; no order as to costs.

Orders

  • The title of the property at 216 Henderson Valley Road, Auckland, legal description Lot 2 Deposited Plan 43997, Identifier NA24A/1013, is vested in the name of Margaret Nancy Mary Samson in her capacity as executor of the estate of Josephine Judith Warren.
  • There is no order as to costs.