New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Trust administration costs

Legal area

Court

11 Dec 2017

AITKENHEAD & ANOR v KOOPERBERG & ANOR [2017] NZHC 3071

Citation

[2017] NZHC 3071
Court

High Court

The Court appointed New Zealand Trustee Services Ltd as substitute trustee under s 51 for the proper administration of the trust and held that the trust fund should not meet the costs of the application because the application was made necessary by the first respondent's persistent defaults; accordingly indemnity costs of the application were ordered against Phillip Kooperberg personally.
13 Nov 2013

In the matter of an application under s 64A of the Trustee Act 1956 between Argus & Anor [2013] NZHC 3010

Citation

[2013] NZHC 3010
Court

High Court

The Court granted approval under s 64A because the variations were in the best interests of the infant, unborn and unascertained beneficiaries: deferring distribution avoided likely penal tax consequences, other amendments benefitted or did not prejudice those beneficiaries, and removing the audit requirement avoided unnecessary expense; adult beneficiaries consented and trustees supported the changes.