9 Oct 2020
ROBERTSON v ROBERTSON [2020] NZHC 2659
- Citation
- [2020] NZHC 2659
- Court
- High Court
Given credible evidence that the respondent trustee lacks capacity and will not meaningfully participate in trust administration, the court exercised its inherent supervisory jurisdiction to remove the incapacitated trustee, dispensed with appointment of a litigation guardian and service for procedural efficiency, and made a vesting order under s52 Trustee Act 1956 to vest the specified land in the remaining trustees so they can sell it for the beneficiary's care.