New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Removal of incapacitated trustee

Legal area

Court

18 Dec 2019

WEST v WEST [2019] NZHC 3400

Citation

[2019] NZHC 3400
Court

High Court

Given the respondent’s established incapacity and valid removal as trustee under s 43, the Court must grant a vesting order under s 52 to align registered title with the current trustees; because the application is administrative, the Court will allow commencement by originating application, dispense formal service and decline to appoint a litigation guardian as no prejudice arises.
16 Apr 2018

VAN BOXEL v VAN BOXEL [2018] NZHC 706

Citation

[2018] NZHC 706
Court

High Court

Because the settlor validly removed the incapacitated trustee under the trust instrument, an independent trustee remained, the District Land Registrar would not act on enduring powers of attorney, and vesting was necessary to enable trust property to be dealt with to meet the respondent's care costs, the Court granted a vesting order under s 52(1)(b)(i), dispensed with representation and service, and ordered that specified properties be vested in the continuing trustees.