16 June 2025

Family Trust: White v. White

 

It took a court order to remove Gregory White as trustee of a Hawkes Bay family trust after he refused to implement plans to distribute assets, winding up the trust.  He was ordered to pay legal costs incurred.

The High Court was told he and his brother are the trustees and final beneficiaries of a family trust set up in 2015, owning a farm and adjacent lifestyle block on Pirau Road, near Hastings.

The two agreed to wind up the trust, splitting the proceeds equally.

A proposed auction in late 2022 did not go ahead after Gregory refused to sign a listing agreement.  After Cyclone Gabrielle swept through the region three months later, Gregory refused to liaise with his brother over necessary repairs.

He did not agree to a $1.35 million offer for the land made over a year later by their neighbour.  Gregory held out for at least $1.5 million. No sale eventuated.

With Gregory living in Australia, his brother became increasingly frustrated with his sibling’s lack of co-operation; queries from bankers, the trust’s lawyers, and himself were left unanswered.  

Justice Churchman removed Gregory as trustee on grounds he had failed to act in good faith, had failed to deal with trust property and had failed to act for the benefit of beneficiaries.

Gregory did not file a statement of defence.  He did not appear in court.

White v. White – High Court (16.06.25)

25.142