RITCHIE v RITCHIE [2019] NZHC 2960

RITCHIE v RITCHIE [2019] NZHC 2960

Medical evidence demonstrating the trustee's incapacity together with beneficiary consent and the Court's statutory powers under ss 52 and 59 of the Trustee Act 1956 justified removal of the incapacitated trustee and vesting of the trust property and other assets in the remaining trustees to allow proper...

Source-derived case information.

Citation
[2019] NZHC 2960
Parties
Plaintiff and Trustee: Ian James Ritchie; Plaintiff and Trustee: Napier Trustee Services 104 Limited; Defendant and Trustee: Glennis Elizabeth Ritchie
Court
High Court
Jurisdiction
New Zealand
Judgment Date
13 November 2019
Procedural Posture
Application Under Part 18 High Court Rules and Ss 52 and 59 Trustee Act 1956 / Judgment on Application (on the Papers)
Outcome
Application granted
Legal Topics
Removal of Trustee, Vesting of Trust Property, Mental Capacity, Service Dispensed, Litigation Guardian
Trusts Property Civil Procedure Capacity Equity Removal of Trustee Vesting of Trust Property Mental Capacity +2 more

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Parties

Ian James Ritchie

Plaintiff and Trustee

Napier Trustee Services 104 Limited

Plaintiff and Trustee

Glennis Elizabeth Ritchie

Defendant and Trustee

Procedural Posture

Application Under Part 18 High Court Rules and Ss 52 and 59 Trustee Act 1956 / Judgment on Application (on the Papers)

Legal Issues

  1. 1 Whether a trustee may be removed for lack of mental capacity
  2. 2 Whether the Court can vest trust property and other assets in remaining trustees under ss 52 and 59 Trustee Act 1956
  3. 3 Whether service may be dispensed and a litigation guardian appointed

Ratio Decidendi

Medical evidence demonstrating the trustee's incapacity together with beneficiary consent and the Court's statutory powers under ss 52 and 59 of the Trustee Act 1956 justified removal of the incapacitated trustee and vesting of the trust property and other assets in the remaining trustees to allow proper administration including sale; costs to be paid from trust assets.

Court Disposition

Application granted

Orders

  • Glennis Elizabeth Ritchie removed as a trustee of the IJ and GE Ritchie Family Trust on the grounds she lacks mental capacity to continue as a trustee.
  • Pursuant to s 52 of the Trustee Act 1956, the property at 236 Poraiti Road, RD 2, Napier (Record of Title HBW1/703) presently owned by Ian James Ritchie, Glennis Elizabeth Ritchie and Napier Trustee Services 104 Limited is vested in Ian James Ritchie and Napier Trustee Services 104 Limited.