22 Jun 2020
MOORE v LUCINSKY [2020] NZHC 1415
- Citation
- [2020] NZHC 1415
- Court
- High Court
Because the respondent was shown to be incapacitated by dementia, was not a beneficiary of the trust, all beneficiaries consented, and the settlor intended appointment of Malcolm Mason, the Court properly dispensed with service and a litigation guardian, removed the incapacitated trustee, appointed Mason as trustee under s51, and made vesting orders under s52 to vest the specified land in the three trustees, with legal costs to be paid from trust assets.