30 Aug 2019
BEHRENT v BEHRENT [2019] NZHC 2132
- Citation
- [2019] NZHC 2132
- Court
- High Court
On the medical evidence that the respondent trustee lacks capacity the Court, exercising its inherent supervisory jurisdiction and relying on s52 of the Trustee Act 1956, will remove the incapacitated trustee and vest the trust property in the remaining trustees; dispensing with service and not appointing a litigation guardian is appropriate where service would serve no purpose and beneficiaries are not prejudiced.