New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Court appointment of trustees

Legal area

Court

14 Mar 2014

POWELL v POWELL AND ANOR [2014] NZHC 476

Citation

[2014] NZHC 476
Court

High Court

Because the trust deed contemplated the settlor's intention to have the child named trustee and the defects alleged against the defendant did not demonstrate ongoing misconduct or incapacity sufficient to override that intention, the minimal necessary intervention was to remove the plaintiff trustee and replace him with an independent professional trustee while allowing the defendant to remain as trustee under the oversight of the independent trustee to ensure proper execution of the trust.
12 Jun 2013

SHERRIFF v SHERRIFF [2013] NZHC 1402

Citation

[2013] NZHC 1402
Court

High Court

Given evidence of dysfunctional trustee relations and deadlock, together with consent from all affected parties and representative consultees, it was expedient under s51 to remove and replace the trustees and appropriate under s64A to authorise the proposed variation vesting appointment power in the trustees exercisable by deed; the variation is not to the detriment of beneficiaries and costs may be met from trust assets.