New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Trustee act 1956 s 43(1)
  • 23 Jul 2014

    Barratt-Boyes v Huntley [2014] NZHC 1718

    Citation
    [2014] NZHC 1718
    Court
    High Court

    Given certificates of mental incapacity for the former trustees, their removal under s 43(1) supported by enduring powers of attorney, the trusts' ownership of the property, and the authority in s 52 of the Trustee Act 1956 to make vesting orders, the Court properly exercised its power to vest the property in the current trustees and dispensed with service, so the vesting order was made.

    • Vesting order
    • Removal of trustees
    • Mental incapacity
    • Enduring power of attorney
    • Trustee act 1956 s 52
    • Trustee act 1956 s 43(1)