6 Apr 2016
CHAMBERS v TOHILL CHAMBERS [2016] NZHC 583
- Citation
- [2016] NZHC 583
- Court
- High Court
The Court concluded that a personal representative can, with leave under s88(2), apply to the Court to have a s21 agreement set aside under s21J where refusing leave would cause serious injustice; however on the facts leave should not be granted because serious injustice was not shown and the trustees should not be removed. The survivor's discretion under the Variation (clause 10.4) engages fiduciary obligations to consider the interests of the deceased's children and a constructive trust may arise for abuse of that duty, but immediate proprietary transfer was not ordered and Family Protectio…