27 May 2022
IN RE ELIZABETH BENSAUDE [2022] NZHC 1214
- Citation
- [2022] NZHC 1214
- Court
- High Court
The Court exercised its discretion under s 124 Trusts Act 2019 and approved the resettlement because the proposed JJ Family Trust preserved or extended the interests of minor, unborn and future beneficiaries (notably by adding great‑grandchildren as discretionary beneficiaries with capital and income interests), did not reduce or remove any vested interest, and the benefits (flexibility of capital use, ability to bring forward distributions, mitigation of inequitable outcomes) outweighed any detriment; accordingly consent was given and costs ordered payable from the trust fund.