2 Dec 2019
Because the former trustee lacked mental capacity and had already been removed as trustee, the Court dispensed with service as it would serve no useful purpose and vested the property in the remaining trustees pursuant to Trustee Act 1956 s52(1)(b)(i), finding no adverse effect on beneficiaries' rights.
10 Aug 2017
The Court exercised its inherent jurisdiction to remove a trustee who lacks capacity and, relying on s52 Trustee Act 1956, made vesting orders to transfer legal title of trust land into the names of the remaining trustees; dispensing with service and hearing on the papers was justified because the orders were routine and did not affect beneficiaries' entitlements; the welfare of beneficiaries governed the exercise of the Court's power.
13 Apr 2017
The application to remove the trustee was granted because the court, having required adequate medical evidence, was satisfied by a geriatrician’s certificate diagnosing severe dementia (most likely Alzheimer’s) that the trustee was under a disability warranting removal under s 43 of the Trustee Act 1956.
5 Aug 2016
Given uncontested medical evidence that Neil Ringham is under total disability, the unconditional contract for sale and absence of discretionary factors against vesting, the Court exercised its power under s 52 Trustee Act 1956 to vest the specified trust property in the two applicant co-trustees, dispensed with service on the incapacitated trustee, directed service on Carol Joan Wiki and ordered the vesting order to lie in court pending her signed consent.