-
Subscribe
Subscribed
Already have a WordPress.com account? Log in now.
Connolly v Eckhout traverses the application of the little known Imprisonment for Debt Limitation Act 1908 to a person acting in a fiduciary capacity. By way of background: … Ms Eckhout did not pay the judgment sum. The High Court has limited powers to issue an arrest order where requirements that are largely drawn from … Continue reading
The background to Hamilton v Kirwan can be set out as follows: A 58.9450 hectare block of rural land (the Property) was purchased in 1984 In December 1997 the Property owner’s daughter began living on the Property. In 2000 she built a dwelling on the Property part of which was funded by a $20,000 advance … Continue reading
Families are funny old things. Blood is thicker than water (fact). But when it comes to who should get the most after Mum and Dad have died, perceptions can become quite skewed. In Ngui v Ngui the surviving parent left her estate to her four children in equal shares. So far so fair. However, one … Continue reading
McCallum v McCallum relates to applications for discovery of information including trustee legal fees, trustee resolutions and legal advice received by trustees. The case considers important procedural aspects of when discovery can be sought, the rules that apply to originating applications and the extent of discretion available to the High Court regarding such matters. Of … Continue reading
Jellyman v Jellyman is about two children with different views as to what is in their mother’s best interests. The matter came before the court because Mrs Jellyman was a trustee of a testamentary trust under her late husband’s will. Her son Maurice was the other trustee. Mrs Jellyman wanted to sell her home in Hastings … Continue reading
The rule in Saunders v Vautier is generally well understood. However, the parameters of the rule are less clear. As noted in the Law Commission’s Third Issues Paper on the Review of the Law of Trusts “Perpetuities and the Revocation and Variation of Trusts”: The scope of the rule has become wider than merely allowing a … Continue reading
On first blush Kinney v Pardington appears to set the bar for Family Protection Act (FPA)claims at an almost unprecedented 70% in the context of one of three children claiming a breach of moral duty. However, when the facts are considered, the context of this case, may set it apart due to the very specific … Continue reading
On first glance Almond v Read, appears to have it all. Arguments were made relating to the parties common intention, a constructive trust and breaches of fiduciary duty in the context of family owned land that was acquired with best of intentions. However, over time, different parties adopted different views of the basis upon which a … Continue reading
A grandfather, Mr Greenwood, told his grandson that he could buy his house for $300,000 after his death. He expressed this wish to others, including his daughter (mother of the grandson) who was one of the executors of his estate, although it was not in his 2005 will. This occurred in Christchurch before the Earthquakes … Continue reading
Expectations, great or otherwise are tricky to enforce. When a person who had expectations in respect of an estate is disappointed there are various options for challenge open to the disappointed party. However, each has thresholds that need to be satisfied. Consider the case of Blumenthal v Stewart. Mr Blumenthal was the son of Mr … Continue reading
Matters of Trust 