When a person dies intestate, the Administration Act 1969 determines how that persons estate is to be distributed and what portion is held subject to statutory trusts. In Public Trust v Berry O’Gorman J considers the appropriate structure for managing the residue of the estate in question following the completion of administrative functions. The alternatives proposed were:
Considering the above, O’Gorman J addressed the options proposed as follows at [35] and [36]:
The end result was confirmation that there is no need to establish an express trust to hold the assets subject to any statutory trust that arises pursuant to the Administration Act.
References
- Public Trust v Berry [2024] NZHC 3304
- Administration Act 1969, ss 6, 7, 77, 78
Matters of Trust 
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