Hey v Hey relates to a mother and son in dispute regarding the mother removing her son as a trustee of the trust that the mother settled with her now deceased husband. The trust in question (the BMA & DCL Hey Family Trust (the Trust)) was settled by Brian and Dorothy Hey. The trustees were Dorothy, Brian and Alistair (Dorothy and Brian’s son). The Trust’s sole asset is the residential property Dorothy lives in. Brian’s will provided that following his death in 2007, his power to appoint trustees was transferred to Alistair.
Subsequently, Dorothy removed Alistair as a trustee. This removal was challenged and resulted in Dorothy filing proceedings seeking a declaration that Alistair was validly removed.
The proceedings largely focused on questions regarding procedure and privilege. Regardless, the fundamental issue is the breakdown of a familial relationship under the shadow of a family trust settled in circumstances where likely, none of the parties ever contemplated how the intentions surrounding the settlement of the trust could unravel the way they did.
While not of itself a case about “older people” Hey v Hey highlights the issues that can arises in families where a property that would otherwise be under the exclusive dominion of a parent is owned in trust solution. For a wider consideration of issues such as those raised in Hey v Hey see the webinar presentation by Vicki Ammundsen and Theresa Donnelly regarding Practical Legal Issues for Older People 2021. For more information see Practical Legal Issues for Older People 2021.
- Hey v Hey  NZHC 263
- McLaren v McLaren  NZHC 181