24 Aug 2018
HEYLEN v KEENE [2018] NZHC 2203
- Citation
- [2018] NZAR 1587
- Court
- High Court
The amended direction, having been executed by all parties with an actual or potential interest, lawfully falls within the rule in Saunders v Vautier and authorises termination of the trusts; the Court will grant a direction under s 66 Trustee Act 1956 requiring executors to distribute the estate accordingly. The executors are sufficiently protected by the court order and by indemnities from the three named beneficiaries, and therefore are not entitled to require an indemnity from Ms van Borm as a precondition to compliance.