11 Sept 2019
O’BRIEN v BEST [2019] NZHC 2275
- Citation
- [2019] NZHC 2275
- Court
- High Court
Because the respondent was shown by medical evidence to be incapacitated, the beneficiaries consented, the respondent did not contest the application, and the relief was necessary to permit discharge of the mortgage and completion of the sale, the court properly exercised its discretion under s 21 Administration Act 1969 to remove the respondent as executor and under s 52 Trustee Act 1956 to vest the respondent's mortgage interest solely in the co-executor.