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Application for directions

Disputes and disagreements surrounding wills are often settled by deed of family arrangement.  However, where there are minor beneficiaries it is necessary to consider who can consent on behalf of the minors.

Enter s 66 of the Trustee Act 1956, which provides that:

“Any trustee may apply to the Court for directions concerning any property subject to a trust, or respecting the management or administration of any such property, or respecting the exercise of any power of discretion vested in the trustee.”

 

In the Matter of the Estate of Vasey In the Matter of the Estate of Vasey confirms that s 66 can be utilised to obtain consent on behalf of a minor beneficiary.  However, were that not to be the case, the court could also utlise its inherent parens patriae jurisdiction to achieve the same object.

 

References:

  • Trustee Act 1956, s 66
  • In the Matter of the Estate of Vasey [2015] NZHC 1491
  • Kelly & Kelly, Garrow & Kelly Law of Trusts and Trustees (7th ed LexusNexis, Wellington, 2013) at [24.1-24.34]
  • In Re X (A Minor) [1975] 1 All ER 697 at 699.

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