New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Distribution of trust corpus
  • 1 Dec 2009

    CHARTERS V RIKA AND ANOR HC ROT CIV 2009-463-381

    Citation
    openlaw-4331cca5_d565_479c_bc54_b52c08167088.pdf
    Court
    High Court

    The Court directed that the trustees are entitled to exercise the power of appointment in clause 8 to distribute any part up to the whole of the trust capital, may distribute along family/whanau lines and to whanau trusts, are not obliged to base distributions on individual need, may apportion equally across whanau lines at their discretion, and that Mrs Frances Nicoll and her descendants are discretionary beneficiaries; the Court gave Mr Warwick Rika an opportunity to resign by 15 December 2009 before considering removal and awarded costs on a solicitor/client basis to counsel from the estat…