5 Dec 2023
Clause 7.2 was a clerical drafting error that failed to give effect to the will-maker's intention; credible evidence established the residue was intended for the Glencullen Trust, and therefore the court may and should correct the will under s31 Wills Act 2007 to name the Glencullen Trust as residuary beneficiary.
7 May 2021
Because the Court was satisfied on the evidence and submissions that the criteria in s14(3) of the Wills Act 2007 were met, the unsigned draft will was declared valid; the Court appointed Geraldine Carroll as administrator, interpreted clause 4(b) as evidencing an intention to constitute a whanau trust, and directed steps to constitute that trust and settle the net estate into it, including granting Te Atua a right of occupation subject to upkeep and outgoings.
4 Sept 2018
The pleaded claim that assets held in the John and Patricia Commons Children's Trust No.1 and the Whare Kamana Trust form part of Dr Commons' estate and must be included in calculating the Remainder under cl 6.1(c) is not reasonably arguable. The testator had no unilateral testamentary power of appointment over those trust assets and the trust deeds required collective trustee exercise; clause 15.1 does not, on its language, convert already‑settled trust assets into his estate. Therefore those parts of the first cause of action were struck out. The trustees' challenge to the third cause of ac…
4 Sept 2014
The proposed trust deed reasonably and practicably implements the testatrix's charitable intentions concerning education and animal welfare, the purposes are charitable under New Zealand law, and the Court will exercise its statutory jurisdiction to vary clauses 6 and 7 of the will by adopting the proposed deed and charging associated reasonable costs to the trust.
10 Aug 2010
Leave to discontinue was granted and, because the disputes were not exceptional and were similar to routine estate/trust disputes, the plaintiff was ordered to pay the defendants' costs on a 2B basis and their disbursements as fixed by the Registrar and to reimburse half of Mr Grant's fee.
4 Feb 2009
The plaintiff failed to discharge the onus for summary judgment because the material did not demonstrate the defendants had no real defence or a specific breach of duty; the will conferred extensive discretionary powers on the trustees (including sale and allocation powers) and issues of interpretation and practical difficulty (eg partition/subdivision) require further factual and legal inquiry; accordingly summary judgment is inappropriate and the proceeding must continue on the standard track.
17 Dec 2007
On the limited evidence (historic insurance valuation and competing expert opinions) the only proper present estimate of value for the missing pearls is $2,500; that sum is to be deducted from the $20,000 payment to Mr Glover and paid to Ms Russell in lieu of the pearls; no additional compensation or costs awarded and costs are to lie where they fall.