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The genesis of Milne v Sutherland is a dispute regarding the interpretation of a life interest clause. As noted at [1] “Laurie died in 1999, but the bequests at issue in this proceeding did not fall due for distribution until after the death of his wife, Doreen Rose Evans (Doreen) in 2022…” As further set … Continue reading
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 … Continue reading
The decisions in Francis v Fishbowl Trustee Stanley Limited both include applications for leave to commence proceedings by originating application. In Francis v Fishbowl, where the substantive proceedings relate to the appointment of a receiver under section 138 of the Trusts Act 2019 the application was not granted. The background to this matter is expressed … Continue reading
Disclosure requests in the context of trusts, wills and estate can raise complex issues that can require the assistance of the court to resolve, particularly following the introduction of the Trusts Act 2019 and before the expected case law that will be realised in due course. However, in some cases it is simply a matter … Continue reading
It is not uncommon for trustees to seek a release from beneficiaries prior to the final distribution of trust assets. However, where beneficiaries are reluctant or unwilling a trustee may quite properly be concerned to protect the trustee’s position in the event of a subsequent claim. The avenues to address such a consideration were canvased … Continue reading
Ethel Moudale Uluakiahoia died intestate on or abut 5 January 1989 leaving 10 adult children, three of whom were some years later appointed administrators in 2008. Following Mrs Uluakiahoia’s death different family members lived in the Estate’s sole asset, a residential property in Papatoetoe. Eventually, agreement was reached that one of the administrators Ms Povey, … Continue reading
Fox v Fox relates to a claim by an executor of the estate of Mrs Fox who required the assistance of the Court to conclude the administration of the estate by selling land and distributing the proceeds of sale according to a will. The executor’s impediment to doing so was that two of the properties … Continue reading
Matters of Trust 