New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Inherent jurisdiction to remove trustees

Legal area

Court

26 May 2015

ALLEN v MORGAN [2015] NZHC 1139

Citation

[2015] NZHC 1139
Court

High Court

Stephen suffers significant cognitive impairment and is no longer capable of administering the estate; removal under s21 of the Administration Act 1969 is a suitable, practical and efficient means to protect the interests of the estate and beneficiaries; Jennifer Goldsmith is an appropriate appointee as additional executor subject to conditions; Ms Allen may recover reasonable costs of the application from the estate.
4 Apr 2012

DAVIDSON V ISRAEL HC AK CIV-2011-404-553

Citation

openlaw-086a3172_2474_4c94_aa09_6ff66cd90974.pdf
Court

High Court

The Court exercised its discretion under s51(1) Trustee Act 1956 and its inherent equitable jurisdiction to appoint Francis William Bedford as sole trustee and to vary the trust deed because the trusteeship was effectively vacant or compromised, the trust's affairs were in disarray with a real risk of loss of the sole remaining asset to creditors, the purported corporate trustee lacked legal recognition, and an independent volunteer trustee was necessary to protect the beneficiaries and preserve trust assets.