New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Validity of trustee deed
  • 14 Feb 2018

    THE PUBLIC TRUST v LU [2018] NZHC 130

    Citation
    [2018] NZHC 130
    Court
    High Court

    The deed purporting to exclude Mike was executed solely by the settlor and not by the trustees; clause 12.1 vests the exclusion power in the trustees and clause 11.1 requires exercise or ratification by resolution signed by all trustees; because those requirements were not satisfied the deed is invalid and of no legal effect, leaving Mike as a discretionary and final beneficiary; the Public Trust is entitled to recover its reasonable solicitor/client costs and disbursements from the trust assets.