New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Vesting of land in trustees

Legal area

Court

29 Jan 2019

ESTATE OF N M POINTON [2019] NZHC 30

Citation

[2019] NZHC 30
Court

High Court

The Court accepted uncontradicted medical evidence that Albert Pointon is incapacitated by stroke, granted leave to proceed by originating application, dispensed with service because all interested parties were before the Court, removed Albert Pointon as trustee and executor, appointed the three applicants as trustees in substitution, and ordered vesting of the relevant properties in the new trustees to effect the appointments.
6 Jun 2017

MCCALLUM v MCCALLUM [2017] NZHC 1218

Citation

[2017] NZHC 1218
Court

High Court

The Court removed the defendant as trustee because unchallenged evidence established he was unfit to act (refusal to participate, inability to make sensible decisions, conflation of personal interest and trustee duties), and removal was necessary for the welfare of beneficiaries and protection of trust property; the Court declined to declare that the trust deed vested the settlor with a power to remove trustees or to use inherent jurisdiction to vary the deed to create such a power because the deed unambiguously confined the settlor to appointment powers and the inherent jurisdiction cannot b…