Glover v Glover

[2017] NZHC 641

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CIV-2017-470-0001 [2017] NZHC 641

UNDER	Section 64A Trustee Act 1956
BETWEEN	GAEL LEE GLOVER First Applicant
AND	IAN WILLIAM GLOVER Second Applicant

Hearing:	On the papers
Counsel:	C J Forbes for First Applicant L A Stewart for Second Applicant
Judgment:	4 April 2017

JUDGMENT OF PETERS J

This judgment was delivered by Justice Peters on 4 April 2017 at 5 pm pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Date: ...................................

Solicitors:           Bush Forbes, Tauranga

Holland Beckett, Tauranga

RE GLOVER [2017] NZHC 641 [4 April 2017]

[1]      This is an application by the First and Second Applicants, Mrs Gael Glover and Mr Ian Glover, for orders pursuant to s 64A Trustee Act 1956 (“Act”).  Section

64A permits the Court, if it thinks fit, to make an order approving a variation of trust on behalf of any unborn or unknown person.

[2]      The  Applicants  also  seek  leave  to  bring  their  application  by  way  of originating application and seek directions as to representation and service.   The originating application is not opposed and I grant the leave and make the directions sought (see [1] of the interlocutory application dated 22 December 2016).

Background

[3]      Mrs Glover settled the Gael Glover Family Trust and Mr Glover settled the

Ian Glover Family Trust on 20 July 1984.

[4]      The  beneficiaries  of  the  Gael  Glover  Family  Trust  are  Mr  Glover,  the children of Mr and Mrs Glover, the children’s children and various other family members.

[5]      The beneficiaries of the Ian Glover Family Trust are the same, except that

Mrs Glover is a beneficiary in place of Mr Glover.

[6]      Mr and Mrs Glover have separated and they seek to vary each trust so as to: (a)       exclude Mr Glover and include Mrs Glover as a beneficiary of the

Gael Glover Family Trust; and

(b)      exclude Mrs Glover and include Mr Glover as a beneficiary of the Ian

Glover Family Trust.

[7]      The trustees of the Gael Glover Family Trust are Mrs Glover and Michael John O’Neale.   The trustees of the Ian Glover Family Trust are Mr Glover and Mr O’Neale.   By memorandum dated 20 February 2017, counsel for the trustees, Mr D Lyon, advised the Court that the trustees support the proposed variations and that they consent to the Court making the orders, ie giving approval to the variations,

on the grounds that the proposed variations will assist the functioning of the trusts in the future and will not adversely affect the future beneficial interests of unborn grandchildren.

[8]      By memorandum dated 21 February 2017, Mr M Ward-Johnson, counsel for the  unborn  grandchildren  advised  that  he  had  reviewed  all  of  the  relevant information and considered the proposed variations would not have an adverse effect on the interests of the unborn grandchildren and that he too consented to the making of the orders sought.

[9]      By memorandum dated 23 February 2017, counsel for the Applicants put before the Court copies of the proposed deeds of variation of trust executed by Mr and Mrs Glover, Mr O’Neale, and all adult beneficiaries of each trust.

Result

[10]     Given  these  matters,  I  am  satisfied  that  it  is  appropriate  to  approve  the proposed variations and, accordingly, I make orders in terms of [1](a) and [1](b) of the originating application dated 21 December 2016.

..................................................................

Peters J