New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Section 76 trustee act 1956

Legal area

Court

12 Feb 2019

RE McKENZIE [2019] NZHC 128

Citation

[2019] NZHC 128
Court

High Court

Given the satisfactory affidavit evidence of inquiries, the modest quantum involved, and the practical proportionality of limited advertising, the Court exercised its s76 jurisdiction to permit distribution of the funds to residuary beneficiaries subject to a conditional notice being placed in LawTalk and a two‑month waiting period before distribution.
12 Jun 2013

YOUNG v YOUNG [2013] NZHC 1396

Citation

[2013] NZHC 1396
Court

High Court

Given the nearly 25 year absence of Kevin, extensive searches and advertising with no response, and five years since the testator's death, the court exercised its power under s 76 to permit distribution of the estate as if Kevin had predeceased the testator and directed that Kevin's share be distributed to his only known child, Christopher John Young.