17 Dec 2020
Because Margaret was medically certified as mentally incapacitated and had been validly removed as a trustee, and the sole beneficiary consented, the Court exercised its statutory power under s 52(1) Trustee Act 1956 to vest the trust land in Public Trust as sole trustee; service and appointment of a litigation guardian were dispensed with and the matter was properly determined on the papers.
20 Nov 2020
Because the respondent lacked capacity, the application was administrative and uncontested with the adult children's consent, the Court granted leave to use originating application, dispensed with service and a litigation guardian, removed the incapacitated trustee under its supervisory jurisdiction and relevant statutory powers, and made a s52 vesting order to vest the property in Murray George Roberts to enable the Trust to function and the property to be sold with replacement trustees to be appointed.
11 Aug 2020
Having considered the updated medical evidence and the reasons set out in the interim judgment, the Court was satisfied it was appropriate to remove Ruby Lorraine White as trustee, dispense with service and a litigation guardian, appoint Andrew Peter White as trustee and vest the specific trust property in the remaining trustees; those orders were necessary and appropriate to give effect to the proper administration of the trust.
3 Jul 2020
Because Yvonne is mentally incapable of performing executor/trustee duties and it is expedient for the proper administration of the estate, the court removed her under Administration Act s21 and Trustee Act s51 and appointed co-executors/trustees (Doreen and Mark Tutty) and ordered vesting of the trust land under Trustee Act s52; leave under Part 19 and dispensing with service and a litigation guardian were appropriate.
25 Feb 2020
Where a trustee is incapable of acting due to dementia, there are no available or suitable substitutes, beneficiaries consent and will not be prejudiced, the Court may exercise its inherent jurisdiction to remove the trustee and, pursuant to s52 Trustee Act 1956, vest the trust property in the continuing trustee; the Court may dispense with a litigation guardian and service when the application is administrative, unopposed and causes no prejudice.
18 Dec 2019
Because the settlor was medically and legally incapacitated and could not perform trustee duties, and because removal was necessary to restore the Trust's capacity to operate, the Court exercised its inherent jurisdiction to remove the incapacitated trustee and made a s 52 vesting order transferring the specified land to the continuing trustees; a litigation guardian and further service were dispensed with as unnecessary.
4 Dec 2019
Given satisfactory evidence that the respondent was incapacitated and had been lawfully removed as trustee and substituted, the court properly dispensed with service and a litigation guardian and ordered vesting of the specified land in the continuing trustees under s52 of the Trustee Act 1956; leave to proceed by originating application was appropriate.
6 Nov 2019
Given uncontested medical evidence of incapacity, the Court exercised s 51 Trustee Act 1956 to remove Fleming as trustee of the F W and O M McDowall Family Trust No 2 and appoint Ross Wilson McDowall in his place; the Court dispensed with appointment of a litigation guardian and with service as unnecessary; a vesting order was made to transfer the specified property to the remaining trustees; removal in respect of the Gordon F McDowall Family Trust was adjourned pending identification of a replacement trustee to avoid creating a sole trustee who is also a beneficiary.
16 Oct 2019
Because the former trustee (Camille Hope) was medically certified as mentally incapacitated and had been removed as trustee under the trust deed, and because the continuing trustees needed clear title to administer and sell the trust property for beneficiaries, the Court granted a s 52 vesting order, permitted the originating application without notice, dispensed with appointment of a litigation guardian and dispensed with service on beneficiaries as the relief was procedural/mechanical and not adverse to beneficiaries.
20 Sept 2019
The Court approved the ten‑year postponement under s64A because the variation was in the best interests of the potential minor beneficiaries, avoided penal tax consequences from a deemed distribution, had the consent of adult beneficiaries, did not unfairly conflict with the settlor's intent given unforeseen zoning/tax circumstances, and there was no prejudice from granting relief without notice or appointing litigation guardians.