2 Mar 2016
MCPHERSON v MCPHERSON [2016] NZHC 332
- Citation
- [2016] NZHC 332
- Court
- High Court
Medical evidence established the defendant trustee was incapacitated by dementia and unfit to act; the settlor/trustee validly exercised the deed power to appoint Newtonmore Trustee Limited under clause 8.1 and s43(1) Trustee Act 1956, service was dispensed as meaningless, no litigation guardian was required, and vesting orders under s52(1) were warranted to vest the trust properties in the continuing and newly appointed trustees.