19 Dec 2016
McGregor v McGregor, Stokes and McGregor as executors of the Estate of JD McGregor [2016] NZHC 3142
- Citation
- [2016] NZHC 3142
- Court
- High Court
Residuary beneficiaries possess a present vested equitable remainder in the deceased's share (or its proceeds) that is capable of being directly affected by the s 339 application; the Court therefore has jurisdiction under r 4.56 to order joinder and should exercise its discretion to join the beneficiaries as further defendants because the executors are unlikely to advance their position and the Court will be assisted by hearing the beneficiaries' views.