LANCE v LANCE [2014] NZHC 2846

LANCE v LANCE [2014] NZHC 2846

Given the settlor's long‑term disability and the limitations of s 43, the Court varied clause 10 to vest the powers of appointment, removal and replacement of trustees in the trustees from time to time but confined that variation to the lifetime of the settlor, Grahame Hubert Lance.

Source-derived case information.

Citation
[2014] NZHC 2846
Parties
Applicant: Dianne Joan Lance; Defendant: Grahame Hubert Lance
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 November 2014
Procedural Posture
Trusts Variation Under Trustee Act 1956 / Judgment (on the Papers)
Outcome
Application granted in part: variation of clause 10 of the Trust Deed ordered, limited to the lifetime of the settlor.
Legal Topics
Variation of Trust Powers, Appointment and Removal of Trustees, Section 43 Trustee Act 1956, Interpretation of Trust Deed
Trusts Equity Estate Administration Variation of Trust Powers Appointment and Removal of Trustees Section 43 Trustee Act 1956 Interpretation of Trust Deed

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Summary, issues, holding and outcome

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Parties

Dianne Joan Lance

Applicant

Grahame Hubert Lance

Defendant

Procedural Posture

Trusts Variation Under Trustee Act 1956 / Judgment (on the Papers)

Legal Issues

  1. 1 Whether the court should vest the powers of appointment, removal and replacement of trustees contained in clause 10 of the trust deed in the trustees from time to time
  2. 2 Whether section 43 of the Trustee Act 1956 provides adequate powers for long term administration given the settlor's disability
  3. 3 Whether any variation should be limited to the lifetime of the settlor or extend beyond death

Ratio Decidendi

Given the settlor's long‑term disability and the limitations of s 43, the Court varied clause 10 to vest the powers of appointment, removal and replacement of trustees in the trustees from time to time but confined that variation to the lifetime of the settlor, Grahame Hubert Lance.

Court Disposition

Application granted in part: variation of clause 10 of the Trust Deed ordered, limited to the lifetime of the settlor.

Orders

  • Order in terms of paragraph (b) of the prayer for relief, amended by adding after the words "[o]rders that" the words "during the lifetime of Grahame Hubert Lance".