29 Nov 2016
BROWN v HALLET [2016] NZHC 2861
- Citation
- [2016] NZHC 2861
- Court
- High Court
The Court approved the Deed of Variation under s 64A because the variation is not to the detriment of the minor and unborn beneficiaries when viewed as a whole: adult beneficiaries consent, the trust has substantial capital mitigating any loss of future income/capital, the impact on minors/unborn is very limited, and indirect benefits (family welfare and honour) weigh in favour of approval; accordingly the court may ratify past payments and confirm the settlor's income beneficiary status.