4 Jun 2019
YOZIN v NEW ZEALAND GUARDIAN TRUST COMPANY LIMITED [2019] NZCA 202
- Citation
- (2019) 20 NZCPR 426
- Court
- Court of Appeal
The Court held that residuary beneficiaries of an unadministered estate do not have the requisite proprietary interest in estate land to qualify as "parties interested therein" under s14(6B) Trustee Act 1956; therefore s14(6B) did not apply and the appeal seeking a partition order was dismissed. Even if they had qualified, the evidence did not establish that a partition would be advantageous or provided an adequate valuation basis.