18 May 2017
HOLLAND, v HOLLAND [2017] NZHC 1037
- Citation
- [2017] NZHC 1037
- Court
- High Court
The court refused to order a transfer of legal title (no identified legal principle requiring such transfer) but declared the equitable interests under Thomas' will because the trustee had not exercised her selection; it then ordered sale of the property under s339 PLA and directed distribution of proceeds according to the combined legal and declared equitable interests (each plaintiff 4/15, Gene 3/15, Mihi's children allocated to plaintiffs), with costs to plaintiffs on a 2B basis and procedural directions for sale.