25 Nov 2022
RE ESTATE OF DOAK [2022] NZHC 3111
- Citation
- [2022] NZHC 3111
- Court
- High Court
The Court found the trustee had undertaken reasonable measures (private investigators, NZ Customs enquiry, searches in New Zealand and Australia, social media search) and that further measures such as public advertising were not reasonable given the likelihood the missing beneficiary was outside the jurisdictions searched and all reasonable lines had been exhausted; accordingly s136 was satisfied and the Court granted an order authorising distribution of the estate disregarding Arthur Wayne Doak's share and directed costs be paid from the estate.
- Missing beneficiary distribution
- Section 136 trusts act 2019
- Reasonable measures to locate beneficiaries
- Notice requirements
- Disregard of potential beneficiary shares