re the Estate of GW Rhodes [2015] NZHC 1275

re the Estate of GW Rhodes [2015] NZHC 1275

Webb Ross McNab Kilpatrick Ltd falls within the will's phrase 'its successor law firm' and the will appoints an individual partner by reference to firm membership; consequently the appointment remains of an individual executor and s 63 of the Administration Act 1969 does not preclude the grant of probate in these...

Source-derived case information.

Citation
[2015] NZHC 1275
Parties
Deceased: George Wilbur Rhodes; Appointed Executor and Trustee: Rachel Ann Strange; Appointed Executor and Trustee: Malcolm James Robert Rhodes; Nominated Executor and Trustee (partner of Successor Law Firm): James Kilpatrick; Nominated Successor Law Firm: Webb Ross McNab Kilpatrick Ltd
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 June 2015
Procedural Posture
Probate (application for Grant of Probate in Common Form) / On the Papers; Application Referred to Registrar for Consideration
Outcome
Court held that the incorporated firm is a successor law firm within the will, that the nominated partner qualifies as an individual executor, and that s 63 of the Administration Act 1969 does not preclude the appointment; probate may be considered by the Registrar.
Legal Topics
Appointment of Executors, Succession of Law Firm, Validity of Executor Appointment After Incorporation, Section 63 Administration Act 1969
Probate Succession Trusts Company Law Administrative Law Appointment of Executors Succession of Law Firm Validity of Executor Appointment After Incorporation +1 more

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Parties

George Wilbur Rhodes

Deceased

Rachel Ann Strange

Appointed Executor and Trustee

Malcolm James Robert Rhodes

Appointed Executor and Trustee

James Kilpatrick

Nominated Executor and Trustee (partner of Successor Law Firm)

Webb Ross McNab Kilpatrick Ltd

Nominated Successor Law Firm

Procedural Posture

Probate (application for Grant of Probate in Common Form) / On the Papers; Application Referred to Registrar for Consideration

Legal Issues

  1. 1 Whether an incorporated successor law firm falls within the description 'its successor law firm' in the will
  2. 2 Whether a partner of the incorporated firm qualifies as an appointed executor when the firm was incorporated after the will was executed
  3. 3 Whether s 63 of the Administration Act 1969 precludes the appointment of the nominated individual(s) in these circumstances

Ratio Decidendi

Webb Ross McNab Kilpatrick Ltd falls within the will's phrase 'its successor law firm' and the will appoints an individual partner by reference to firm membership; consequently the appointment remains of an individual executor and s 63 of the Administration Act 1969 does not preclude the grant of probate in these circumstances.

Court Disposition

Court held that the incorporated firm is a successor law firm within the will, that the nominated partner qualifies as an individual executor, and that s 63 of the Administration Act 1969 does not preclude the appointment; probate may be considered by the Registrar.

Orders

  • Application for grant of probate in common form to be considered by the Registrar having regard to this judgment