New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Capacity / incapacity
  • 14 May 2019

    CURRIE v WILLIS [2019] NZHC 1044

    Citation
    [2019] NZHC 1044
    Court
    High Court

    On the medical evidence the second respondent was incapacitated and unable to discharge trustee duties; the Court therefore exercised its inherent jurisdiction to remove her as trustee and, pursuant to s 52(1)(b)(i) Trustee Act 1956, made vesting orders in favour of the continuing trustees; service and representation were properly dispensed with given incapacity and consent of remaining trustees and beneficiaries.