New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Vesting order of land

Legal area

Court

10 Aug 2020

RILEY v JEFFRIES [2020] NZHC 2008

Citation

[2020] NZHC 2008
Court

High Court

Medical evidence established that the trustee (Colleen Jeffries) lacked capacity due to dementia; given consent of primary beneficiaries and practicality of administration, the Court properly exercised its s51(1) power to remove the incapacitated trustee and its s52 power to vest the trust property in the appointed trustees; however the proposed variation of the trust deed under s64A to broadly vest appointment/removal powers in remaining trustees was unnecessary and refused.
22 Jul 2019

MT EDEN TRUST CO LTD v GOMES [2019] NZHC 1719

Citation

[2019] NZHC 1719
Court

High Court

Medical evidence established that the respondent lacked the mental capacity necessary to carry out trustee duties; the Court has inherent jurisdiction (and s51 statutory power) to remove and replace a trustee to protect beneficiaries; the proposed replacement consented and is suitable; a s52 vesting order is necessary and appropriate to enable the trustees to deal with the trust property in beneficiaries' best interests.