20 Dec 2016
Vivian v Kellerman [2016] NZHC 3163
- Citation
- [2016] NZHC 3163
- Court
- High Court
The High Court upheld the Family Court's exercise of its s182 discretion to vary the nuptial trust and allocate an equal share of the Woolston property to the wife because the Trust was settled for the family home and the children's interests were adequately protected by ensuring both parents were financially enabled; absent explicit deed clauses removing fiduciary constraints, the Court would not definitively classify the husband's trustee powers as relationship property on Clayton's basis; valuation and calculations by the Family Court were correct except for a discrete EQC/carpet adjustmen…