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Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 6 June 2020 at 12:31)
Division 2 New trustees
(cf SCR Part 70, rule 7)
This Division applies to an application for the appointment of a new trustee under Part 3 of the Trustee Act 1925 (a Part 3 application).
55.6 Evidence generally
(cf SCR Part 70, rule 8)
The evidence in support of a Part 3 application must show each of the following—(a) the nature of the trusts still subsisting,(b) the nature and value of the trust property,(c) whether any and, if so, what part of the trust property is subject to the Real Property Act 1900,(d) the person beneficially entitled,(e) the fitness of the proposed new trustee,(f) the consent of the proposed new trustee.
55.7 Fitness of new trustee
(cf SCR Part 70, rule 9)
(1) Only one affidavit of the fitness of a proposed new trustee may be required, unless the Supreme Court otherwise orders.(2) The affidavit must set out the following—(a) the proposed new trustee’s position in life,(b) how long the deponent has known the proposed new trustee,(c) that the proposed new trustee is, to the knowledge of the deponent, of good credit,(d) that the proposed new trustee is, to the best of the information and belief of the deponent, of good character, repute and business habits.