24 Nov 2017
ASH v SINGH [2017] NZHC 2909
- Citation
- [2017] NZHC 2909
- Court
- High Court
The 1996 deed of variation is void because the original 1993 trust deed did not grant power to vary the substantive trusts by adding beneficiaries or substituting the vesting clause; the resettlement clause (cl 7) is limited to resettling trust assets for existing discretionary beneficiaries and the 1996 instrument was not a resettlement; rectification was implausible and unsupported; s 64A cannot retrospectively validate the variation where competent beneficiaries do not consent; s 64 cannot change substantive trusts.