19 Nov 2021
RE THE PAGEL FAMILY HOME TRUST [2021] NZHC 3142
- Citation
- [2021] NZHC 3142
- Court
- High Court
Given credible medical evidence of incapacity affecting the validity of a trustee's resignation and appointment, the consent of the co‑trustee and primary beneficiaries, and the transitional operation of the Trusts Act 2019 which requires the matter be dealt with under the Trustee Act 1956, the court will exercise its statutory and equitable jurisdiction to remove the incapacitated and resigning trustees, confirm and appoint the replacement trustees, and vest the trust property in them, permitting the application to proceed without service or a litigation guardian where appropriate.