New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Executor and trustee duties

Legal area

Court

21 May 2020

PATTEN v SHEPHERD [2020] NZHC 1072

Citation

[2020] NZHC 1072
Court

High Court

Because Thelma Shepherd lacked capacity, the property was a burden with no prospect of her returning, the beneficiaries consented and would suffer no prejudice, and EPOA powers were insufficient, the court removed her as administrator under s 21 Administration Act 1969 and vested the one-half share in the remaining executor and trustee under s 52 Trustee Act 1956 to enable sale.
10 Apr 2008

HALL V BACKHOUSE & ANOR HC HAM CIV 2007-419-001787

Citation

openlaw-77ed0dc7_8756_4b41_a5f3_9fdb93b9ebaa.pdf
Court

High Court

The applicant's asserted interest appeared to be at best an income entitlement under the wills, which is unlikely to support a caveat over the estate being sold; balancing the urgency and risk to the purchaser and absence of strong evidence for a proprietary interest, the Court ordered removal of the caveat as to SA323/66 and adjourned the remainder to allow the applicant to obtain legal advice and to establish an arguable interest.