30 Apr 2015
RUTHERFORD & ORS v RUTHERFORD & ORS [2015] NZHC 878
- Citation
- (2015) 17 NZCPR 1
- Court
- High Court
The applicants do not hold a sufficiently specific proprietary interest in the subject land to sustain a caveat because the residuary interest is transferable into other property or capital and is not a vested interest in a specific parcel of land; alternatively, even if an arguable caveatable interest existed, the Court exercises its discretion to remove the caveat because continuation would frustrate the will and the applicants' financial interests are adequately protected by offered safeguards.