20 Nov 2013
BA v MA & ORS [2013] NZHC 3072
- Citation
- [2013] NZHC 3072
- Court
- High Court
Protective trusts can validly discharge a deceased's moral duty where justified by evidence; here the deceased's explicit findings about the appellant's longstanding instability and evidence of mental health and parenting concerns provided legitimate reasons for a protective trust, but the trustees' current distributions were manifestly inadequate and posed real risk to proper maintenance, so the court modified the outcome by ordering minimum ongoing provision (5% of corpus annualised) and adjourned review for 12 months; costs allocated partly from the protective trust.