21 Nov 2008
SAYES V TAMATEKAPUA AND ORS HC AK CIV-2007-404-516
- Citation
- openlaw-cd6e3606_6c94_43f3_9f03_3aae0b16b12e.pdf
- Court
- High Court
The remainder interests are trust property under s64(1) and, balancing administration considerations (reducing future conflict and maintenance disputes) and the welfare of minor beneficiaries (immediate secure invested funds versus distant uncertain remainders), it was expedient and in the minors' best interests to authorise Shelley to acquire the minor grandchildren's remainder interests at the agreed valuation; adult beneficiaries who refuse (Henry) cannot be compelled and their position remains unchanged.