6 Nov 2019
PORTEOUS v McDOWALL [2019] NZHC 2874
- Citation
- [2019] NZHC 2874
- Court
- High Court
Given uncontested medical evidence of incapacity, the Court exercised s 51 Trustee Act 1956 to remove Fleming as trustee of the F W and O M McDowall Family Trust No 2 and appoint Ross Wilson McDowall in his place; the Court dispensed with appointment of a litigation guardian and with service as unnecessary; a vesting order was made to transfer the specified property to the remaining trustees; removal in respect of the Gordon F McDowall Family Trust was adjourned pending identification of a replacement trustee to avoid creating a sole trustee who is also a beneficiary.