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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14689
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Two of my four siblings are trustees in the family trust: one is hostile to my parents wis

Customer Question

Two of my four siblings are trustees in the family trust: one is hostile to my parents wish's regards ***** ***** .. what can I do ? Can my parents dissolve the trust or appoint me as a trustee as well without the hostile sisters consent.
Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.
This depends very much on whether your parents still have the power of appointment or removal of trustees. You need to look at the deed of trust and see how trustees are appointed. If your parents still have the power of appointment, then they could appoint you as a trustee which would resolve the issue. However dissolving the trust would require an application to the High Court. In this situation I would suggest that there needs to be some mediation between your siblings, and a definite agreement reached. This would be preferable to High Court litigation

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