//
archives

Archive for

What do I want?

Bean v Bean is a an application to strike out a Family Protection Act 1955 (FPA) claim on the basis that it has no prospect of success.  The bar is set high for such a claim.  While any such claim will depend on its own facts, Bean v Bean is an interesting study of the procedural and tactical aspects … Continue reading

Proper and reasonable

Until his removal in 2014 Toni Waho was a trustee of the Te Kōhanga Reo National Trust (the Trust), a trust that promotes the use and retention of Te Reo.  Me Waho was removed as a trustee on grounds that he had brought the Trust into disrepute by raising matters relating to the Trust and its … Continue reading

Common and solemn

Probate, or proving, of a will can be made in common or solemn form.  As noted at [4] in Young v Young “Probate in solemn form is generally irrevocable; probate in common form is revocable.” By way of general observation probate in common form is what is most commonly sought.  Probate in solemn form is … Continue reading

Highly unusual – or not?

In the Matter of the Representation of Scarlett Investment Holdings Limited addresses an application for rectification by a de facto trustee in circumstances where the settlor of three trusts settled by declarations of trust dated 23 February 1982 had died and the original trustee, a BVI private company was believed to have been struck off from … Continue reading

Categories