16 Oct 2020
Because all beneficiaries consented to the plaintiff being sole trustee and procedural requirements were satisfied, the Court ordered vesting under s 52 of the Trustee Act 1956 of the half-share in land SL11A/279 (Part Lot 1 DP 1231) in the plaintiff as sole executor.
11 Sept 2020
Because the respondent trustee was incapacitated, the trust deed permitted two trustees, the sale had been validly ratified by the applicants, all children (adult beneficiaries) consented, and no discretionary beneficiary would be prejudiced, the Court concluded removal of the incapacitated trustee and consequential vesting orders were necessary and appropriate and granted the originating application and dispensed with service.
18 Mar 2019
Because the 9 March 2016 will was effectively a copy of the 18 February 2016 will with only a minor formal defect, beneficiaries consented, and the irregularity (will not read to a blind testator) did not undermine the will's reliability, probate in solemn form should be granted.
4 Dec 2018
The will is declared valid under s 14 Wills Act 2007 because evidence established it was prepared before death and, in any event, it accurately reflects the testator's testamentary intention; minor differences to a prior handwritten will are immaterial and beneficiaries consented to validation.
10 Aug 2018
On the evidence the court was satisfied that Morris is incapable of performing trustee duties and Hutchings is unable to continue; beneficiaries consented; it was therefore expedient to remove the existing trustees, appoint the proposed trustees and vest the trust property in them, and the court granted the application.
11 Dec 2017
Because the beneficiary consents, will apply the funds consistent with the testator's directions, and the sole trustee wishes to renounce, the Court ordered distribution of the residuary capital to enable winding up of the estate and discharge of the trustee.
29 Nov 2016
The Court approved the Deed of Variation under s 64A because the variation is not to the detriment of the minor and unborn beneficiaries when viewed as a whole: adult beneficiaries consent, the trust has substantial capital mitigating any loss of future income/capital, the impact on minors/unborn is very limited, and indirect benefits (family welfare and honour) weigh in favour of approval; accordingly the court may ratify past payments and confirm the settlor's income beneficiary status.
17 Dec 2015
The Court held that special circumstances existed under s6(2) because the two entitled adult children lived overseas, did not wish to apply and consented to the applicant's appointment, the estate was small, the applicant was familiar with the deceased's affairs, and there were no objections; accordingly it was expedient to grant letters of administration to the applicant.
23 Nov 2015
Because the plaintiffs were the current trustees, the contingent beneficiary consented, and affidavit evidence established that service on the former trustee could be dispensed with due to his estrangement, ill health and residence abroad, the Court was justified in granting the s52 vesting order and dispensing with service; no order as to costs was made.
24 Jun 2013
The court was satisfied the will contained clerical errors and that the proposed corrections, consented to by all affected beneficiaries and consistent with the solicitor's view of the testatrix's intention, were necessary to give effect to the testatrix's intentions and would not prejudice other potential claimants; accordingly the corrections were ordered under s31 Wills Act 2007.