11 Jun 2020
WHITE v WHITE [2020] NZHC 1295 .
- Citation
- [2020] NZHC 1295
- Court
- High Court
The Court will not make the substantive orders to remove the Settlor/trustee and to vest the trust property until the applicant files up-to-date medical evidence establishing that the Settlor lacks capacity and that her condition is unlikely to improve; if such evidence is provided, the Court will grant leave to use the originating application procedure and, given beneficiaries' consent, will dispense with service and a litigation guardian and will remove the Settlor under s 51 and make a s 52 vesting order to place the property in the names of the trustees Andrew and Wendy.