19 Dec 2018
HUGHES AS TRUSTEE OF THE WALKER FAMILY TRUST [2018] NZHC 3420
- Citation
- [2018] NZHC 3420
- Court
- High Court
The court accepted medical and counsel evidence that Kathleen Walker suffers progressive dementia and lacks capacity to understand or act as trustee; accordingly service on her was dispensed with, she was removed as trustee, and under s52 Trustee Act 1956 the Devon Road property was vested in the continuing trustees to allow realisation and management of trust assets and liabilities.
- Vesting order (s52 trustee act 1956)
- Removal of trustee
- Appointment of trustee (s43 trustee act 1956)
- Dispensing with service (part 18 high court rules 2016)
- Enduring power of attorney