11 Oct 2018
FRASER v Carey [2018] NZHC 13
- Citation
- [2018] NZHC 13
- Court
- High Court
Because the respondent was validly removed as trustee and certified mentally incapable, and the applicants were validly appointed, the Court had jurisdiction under s52 Trustee Act 1956 to vest the trust property in the new trustees and to dispense with service and appointment of a litigation guardian; allowing amendment of the 'no variation' clause was justified to enable trust administration while protecting beneficiaries.