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As noted in Lowe v Ngan the cause of action fradulent calumny has not previously been recognised in New Zealand. This statement is expanded on at [62] to [65] as follows: The elements of fraudulent calumny are set out in Lowe v Ngan as follows: Byway of background to Lowe v Ngan: In Lowe v … Continue reading
In Estate of Twaites one of the will-maker’s son seeks a remedy under the Family Protection Act 1955 for a breach of the moral duty owed by his father to him. The Court was satisfied that there was a breach. However, before this could be quantified by way of an award in the son’s favour … Continue reading
Vincent v Vincent Family corproate Trust Limited concerns a dispute regarding who should benefit from two family trusts in circumstances where the Court is asked whether whether whāngai children shoud be included in the class of grandchildren. As noted at [7] to [10]: [7] The Trusts distinguish between income and capital beneficiaries. Only capital beneficiaries share … Continue reading
In the Matter of the Testamentary Trust of Hanning relates to an application to terminate a testamentary trust pursuant to section 121 of the Trusts Act 2019 and for an order pursuant to section 124 of the Trusts Act approving the application on behalf of minor or future beneficiaries. The trust in question arose under … Continue reading
The Court of Appeal decision in Gatfield v Hinton represents an important waypoint regarding the ADR provisions of the Trusts Act 2019. The decision traverses a range of matters including: ADR can only be ordered in respect of internal matters that do not relate to the validity of all or part of a trust. In … Continue reading
McKean v McKean Family Trustee Limited (Costs) is a costs decision following substantive findings. The key points of the judgment can be summarised as: For further background see Indemnity – a privilege not a right? References:
The legal principles that underlie Jorion v Jorion are summarised at [9] by Isac J as follows: The basis for the named executrix renouncing probate is set out at [11] and 12]: References:
As noted at [43] in Firmin v Porter “… the Testamentary Promises Act has no counterpart elsewhere in the world.” The provisions of that act are summarised at [44] in the following terms: “In summary, s 3 provides that whether or not a claim could have been made during a deceased person’s lifetime, their estate … Continue reading
Re Turner Family Trust No 2 relates to an application pursuant to section 124 of the Trusts Act 2019 for an order to approve a variation on behalf of any person who may acquire a beneficial interest in the trust at a future date. All living beneficiaries were adult, have capacity and approved of the … Continue reading
In the matter of the Helsef Family Trust ) (the Trust) the trustees sought the assistance of the High Court to rectify the terms of the Trust to complete the definition of final beneficiaries, which had been left incomplete in error. As noted at [9] and [10]: [9] Where there has been a mistake in … Continue reading
Matters of Trust 