New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Executor fiduciary duties

Legal area

Court

12 Feb 2021

CARTWRIGHT & ANOR v JOSEPH & ORS [2021] NZHC 145

Citation

[2021] NZHC 145
Court

High Court

The application to vary earlier orders is declined because the plaintiffs' application is procedurally flawed and unsupported by sworn evidence, falls outside the limited leave previously reserved, the alleged executor misconduct is a matter for separate trustee breach proceedings, and the court is functus officio with no applicable statutory power (s 12 FPA) to grant the relief sought.
13 Mar 2009

PUBLIC TRUST V PUBLIC TRUST HC AK CIV 2008-404-3717

Citation

openlaw-ed615bdf_a9e0_4cef_b6c9_e29e12450f58.pdf
Court

High Court

Where there is no evidential basis that potential claimants will apply and the facts do not constitute a 'clear case' under s 4(4), an executor/administrator is not obliged to notify potential Family Protection Act claimants (including grandchildren); accordingly the Public Trust was not directed to notify the grandchildren.