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The decision in Toailoa v Eliu, for which leave to appeal has been granted, relates to an initially successful application to appoint a manager or receiver to a charitable trust pursuant to section 60 of the Charitable Trusts Act 1957. Section 60 of the Charitable Trusts Act provides that: The decision in Toailoa v Eliu … Continue reading
Middlemiss v Fidelis Trust Limited relates to an application for variation of a trust with a very limited class of beneficiaries including potential charities pursuant to a clause that what was described by Venning J as “speculative and ill-defined” with respect to the nature of any charitable beneficiaries. The relevant background is set out at … Continue reading
Re Estate Walters, which is an application for the validation of a draft will under the Wills Act 2007 highlights the importance of wills be safely stored following execution. In Re Estate Walters the deceased who lived in America but spent up to six months of each year in New Zealand where he owned property, … Continue reading
Sections 126 and 127 of the Trusts Act provide for the review of trustee decisions. The scope and relevant procedure are as follows: As noted by Churchman J in Paton v Acropolis Holdings Limited[1]at [54] the review of a trustee decision is a two stage process: As noted in Paton v Acropolis Holdings Limited at … Continue reading
In Wiggins v Wiggins the court explores the parameters of section 145 of the Trusts Act, which provide that the Court, may, at the request of a Trustee or a beneficiary or on its own motion, submit any internal matter to an ADR process other than in the situation where the terms of the Trust … Continue reading
The background to Estate of Gaylene Harvey is summarised by Becroft J at [1] to [5] as follows: The issues for resolution were: With respect to the video, which was viewed in Court Becroft J noted at [16] that “… For what it is worth, Gaylene seemed relaxed, clear, and happily participating. It seemed to … Continue reading
Re Candida Trust provides practical guidance as to the scope of section 125 of the Trusts Act 2019 and the use of the High Court’s inherent jurisdiction to permit trustees to sign a new restated trust deed that incorporates varied terms. Background facts Waiver pursuant to section 125 of the Trusts Act As set out … Continue reading
Sometimes it can be convenient to lose sight of the obligations of a trustee due to the manner in which the trustee relationship is referred to or recorded. See Kirkpatrick v Burns[1] where the Court, having reviewed the obligations of bare trustees, said at [62] “Although consideration of whether the trustees are “bare trustees” may … Continue reading
Re Estate of Witchall relates to four blocks of land held by a company removed from the Register of Companies pursuant to the Companies Act 1955. As noted at [3] to [5]: The company in question could not be reinstated to the Register of Companies as there the Companies Act 1993 does not provide for … Continue reading
Cain v Martin relates to wide ranging proceedings regarding the proper administration of the Tolemac Trust following several years of disharmony following the settlor’s death. The most recent proceedings relate to the removal of one of the two trustees due to concerns regarding proper disclosure regarding trust assets and an unauthorised distribution to a trustee … Continue reading
Matters of Trust 