New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Incapacity of settlor

Legal area

Court

15 Oct 2018

THOMAS WILSON TRUSTEES LIMITED v HOLWELL [2018] NZHC 2659

Citation

[2018] NZHC 2659
Court

High Court

On the medical evidence the settlor is incapacitated and cannot execute transfer documents; no affected person required to be served; accordingly the Court granted leave under Part 19, dispensed with service, and made a vesting order pursuant to s52(1)(b)(i) Trustee Act 1956 to vest the specified land in the named trustees so that Land Information New Zealand can give effect to transfer.
3 Nov 2014

LANCE v LANCE [2014] NZHC 2725

Citation

[2014] NZHC 2725
Court

High Court

A s 52 vesting order was appropriate to vest the trust land in the new trustees appointed by the continuing trustee under s 43; however the Court would not, on the material before it, make a broad modification of the Trust Deed to vest paragraph 10 powers in the trustees since s 43 and the post‑death vesting in personal representatives render the extensive modification unnecessary; final determination on modification reserved pending a memorandum from counsel.