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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 