12 Jul 2017
BIRD & ORS v BIRD [2017] NZHC 1612
- Citation
- [2017] NZHC 1612
- Court
- High Court
The Court removed the named executor/trustee because, on the facts, his conduct (threats to arbitrarily dock beneficiaries' shares, intention to use estate funds for contested litigation, delays in obtaining probate and in settling estate assets, and demonstrable hostility toward certain beneficiaries) prejudiced the interests of the beneficiaries and made it expedient to appoint an independent corporate trustee under the Court's jurisdiction (s51 Trustee Act and inherent equity jurisdiction); New Zealand Guardian Trust Company Ltd (Perpetual Guardian) was appointed as trustee.