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Tension between trustees and beneficiaries is a common feature of trusts. However, when this tension compromises the administration of a trust, trustee appointments may warrant review. In Smith v Campbell the UK High Court considers an application for removal of trustees in the context of a dynastic trust where there had been a breakdown of … Continue reading
In Re Arcus the Court consents to a variation of trust on behalf of minor beneficiaries. The trust in question had a maximum duration of 50 years. No reason was given for this. The trustees were of the view that as the trust had been successful and accrued a significant body of of assets and … Continue reading
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: whether ADR can be sought by way of an interlocutory application where there are existing proceedings on foot (the answer is yes) the authority of … 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: the protagonists in the matter were entitled to be indemnified from the Trust for legal costs and disbursements in relation to proceedings to the extent that the costs were reasonably and … Continue reading
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: Jorion v Jorion [2025] NZHC 3982 Administration Act 1969 Harvey v Harvey [2021] NZHC 1771 at [39]—[40] Kang v Perpetual Trust Ltd … Continue reading
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
