8 Apr 2019
DAWSON v SNEDDEN & ANOR [2019] NZHC 736
- Citation
- [2019] NZHC 736
- Court
- High Court
The Court, exercising its inherent jurisdiction, ordered the executors to make an interim distribution of $100,000 from the estate to the trust to be paid to Ms Reid because (i) the trust held negligible cash yet the estate held substantial assets, (ii) Ms Reid faced real and pressing hardship and would likely be entitled to a significant share even if competing claims succeeded, and (iii) the distribution would not likely prejudice other beneficiaries; the order was made subject to a written undertaking indemnifying the executors against shortfall liabilities.