Alberts v Alberts

The High Court of New Zealand was asked to vest the ownership of two residential properties in new trustees for the Alberts Family Trust and the J & M Alberts Family Trust. The application was made by Jan Alberts (Junior) and Margje de Weert Alberts (the applicants) in respect of the trusts of which they were trustees, following the incapacity of Jan Alberts (Senior) due to a stroke. The applicants sought vesting orders to enable the sale of the Wilsons Road property, which had already been sold, and the New Brighton Road property, which was damaged in the Christchurch earthquake. The court was asked to consider whether the orders should be made on the papers, or if the other beneficiaries should be heard.

The court considered whether the vesting orders should be made on the papers, or if the other beneficiaries should be heard. The court noted that the applicants had the power to appoint new trustees, and that the vesting orders were necessary to vest the property in the new trustees. The court considered that it was appropriate to make the vesting orders on the papers in respect of the Wilsons Road property, but that the other beneficiaries of the J & M Alberts Family Trust should be heard. The court directed that the substantive matter could be dealt with on the papers if the other beneficiaries consented, but if they had any objections, a formal memorandum signed by them would be required. The court noted that the other beneficiaries had consented.

The court made an order vesting the Wilsons Road property in Jan Alberts (Junior) and Peter Clifford Maciaszek as the continuing and new trustees of the Alberts Family Trust. The court also made an order vesting the New Brighton Road property in Jan Alberts (Junior) and Peter Clifford Maciaszek as the continuing and new trustees of the J & M Alberts Family Trust. The court noted that the New Brighton Road property was in the red zone and that it was necessary to attend to the sale of the property to CERA. The court was satisfied that the vesting orders should be granted.

There were no further orders.