Re Bleeker relates to an application by the trustees of the Makikihi Library Hall Trust (the Trust) for orders land known as the Makikihi Hall, vest in them. The original trustees of the Trust were Mr Crowe who died in 2005 and Mr Fowler who died in 2015.
When powers of appointment are derived through a will there can be uncertainty as to whether such powers can be exercised before a grant of probate or where probate is not required as there are no assets above the prescribed amounts specified in the Administration Act.
Re Bleeker provides helpful guidance in this regard at [9] as follows:
References:
- Re Bleeker [2023] NZHC 3511
- Chetty v Chetty [1916] 1 AC 603
- Administration Act 1969
Matters of Trust 
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