4 Sept 2018
COMMONS v COMMONS [2018] NZHC 2301
- Citation
- [2018] NZHC 2301
- Court
- High Court
The pleaded claim that assets held in the John and Patricia Commons Children's Trust No.1 and the Whare Kamana Trust form part of Dr Commons' estate and must be included in calculating the Remainder under cl 6.1(c) is not reasonably arguable. The testator had no unilateral testamentary power of appointment over those trust assets and the trust deeds required collective trustee exercise; clause 15.1 does not, on its language, convert already‑settled trust assets into his estate. Therefore those parts of the first cause of action were struck out. The trustees' challenge to the third cause of ac…