New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Family protection act claim (related)
  • 6 May 2019

    COMMONS v COMMONS [2019] NZHC 966

    Citation
    COMMONS v COMMONS [2019] NZHC 966
    Court
    High Court

    Patricia Anne Commons is removed as executor and trustee because she is incapacitated; Comac Trustees Limited is appointed as replacement trustee because an independent trustee company is more suitable and expedient given need for independent oversight, the irretrievable breakdown in family relationships, the deceased's most recent will excluding the respondent as trustee, lack of evidentiary support for respondent's proposals, and to avoid conflict and deadlock; allegations of trustee breach are matters for separate proceedings.