22 Jun 2018
CRAWFORD AND WELLS v PHILLIPS [2018] NZCA 208
- Citation
- [2018] NZCA 208
- Court
- Court of Appeal
Clauses 4 and 5 create trusts rather than mere powers because the will uses mandatory trust language ('UPON TRUST','my trustees to dispose'), provides a survivorship obligation after the limited management interest, names multiple trustees and contains indicia of trustee roles (exoneration and professional fees), and contains no gift over; those trusts fail for uncertainty of objects because the will gives no ascertainable criteria or identifiable class for distribution of proceeds after disposal, so the trusts are invalid and summary judgment for defendants could not be granted.