Application for Approval of Variation Under the Charitable Trusts Act 1957 or Correction Under the Wills Act 2007 or Directions Under the Trustee Act 1956
This is to give notice that on 6 March 2013, John William Rabbitt, as executor of the will of the late Harry Sibun Kent, will ask the High Court at Wellington for either:
(a) an order, under sections 32 and 33 of the Charitable Trusts Act 1957, varying the trusts created by the last will of Harry Sibun Kent (deceased) by replacing the words "Hutt District Nursing Trust" with the words "The Hutt Hospital Foundation (to be held in a separate account for the specific purpose of education, training and professional development
of community nurses in the Hutt District Health Board area)"; or
(b) an order, under section 31 of the Wills Act 2007, to correct the terms of the will by making a similar change to that set out above; or
(c) an order giving directions, under section 66 of the Trustee Act 1956, as to the proper distribution of
the estate.
The last will of the deceased left his remaining estate to the "Hutt District Nursing Trust" but no trust of that precise name can be identified.
Accordingly, the Court is asked either to approve a variation naming the Hutt Hospital Foundation or a correction of the will to similar effect.
Failing that, the Court is asked to give directions for a distribution of the estate either to the Hutt DHB or to the next of kin of the deceased.
The proposed variation and the alternative of a correction of will are both intended to give effect to the intention of the deceased, which was to assist community nurses (previously known as district nurses) in the Hutt Valley.
Any person who wishes to oppose the variation must give seven days’ notice, in writing, of the intention to do so to:
(a) the Registrar of the High Court at Wellington; and
(b) John William Rabbitt, care of the offices of
Greg Kelly Law, PO Box 25243, Wellington 6146 (Attention: Chris Kelly); and
(c) the Attorney-General, Crown Law Office, PO Box 2858, Wellington 6140.
To make an appointment to view the proposed variation
of the will, please telephone (04) 498 8506 or email chris.kelly@trustlaw.co.nz