10 Dec 2019
RUSH v RUSH [2019] NZHC 3240
- Citation
- [2019] NZHC 3240
- Court
- High Court
Where a trustee is incapacitated and cannot perform trustee duties, the High Court will remove that trustee under s 51 and appoint a suitable replacement to maintain the trust’s required number of trustees, and may make a s 52 vesting order to enable administration of trust land; a litigation guardian and formal service may be dispensed with where the incapacitated trustee cannot participate and the application is unopposed with beneficiary consent.