18 Oct 2011
ALLEN V GOING AND GOING AS TRUSTEES OF THE ESTATE OF HUGH CHARLES GOING HC WHA CIV-2011-488-550
- Citation
- openlaw-a802d232_b40b_47ca_9320_9788836f82a7.pdf
- Court
- High Court
The court found the Marlin Place property is clearly part of the residuary estate and the executorship as to that asset has ended such that the respondents now hold it as trustees for the beneficiaries; accordingly the applicant, as a residuary beneficiary, has a present beneficial (caveatable) interest in that land and the caveat is maintainable. The caveat is therefore preserved and the parties are directed to devise a mechanism to permit sale without prejudicing the caveator.