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Estate of RB Walton helpfully sets out the procedure where an executor fails to obtain probate, but will not renounce or provide the original will. The relevant considerations are set out at [8] to [11] as follows: The end result in Estate of RB Walton was the appointment of an independent administrator, this being required … Continue reading
As noted in Re Estate of Glue section 136 of the Trusts Act 2019 provides a “broader, more flexible” determination of ‘reasonable measures’, compared to what has been described as the repealed Trustee Act’s “long and impenetrable provision.” This has been achieved by codifying a common law jurisdiction that gives the Court broad powers to … Continue reading
Principles of tikanga and trust law are both inextricably linked with land ownership and benefit from land ownership. That said, care is required when equating tikanga principles with a generic concept of Pākehā law. Doney v Adlam provides a practical example of the tensions between Pākehā law and tikanga principles. The background to this case … Continue reading
Matters of Trust 