Re an application by Fox [2018] NZHC 2533

Re an application by Fox [2018] NZHC 2533

Pursuant to s 53 of the Administration Act 1969 the court directed that the executor transfer the 1/8th share of the deceased's estate into his solicitors' trust account on interest bearing deposit pending a sealed grant of Letters of Administration for the intestate beneficiary's estate, as this protects the interests of potential intestate beneficiaries and enables completion of administration.

Citation
[2018] NZHC 2533
Parties
Applicant; Sole Executor and Trustee of the Estate of Eileen Phyllis Fox; Beneficiary (6/8 Share): Kenneth John Fox; Deceased; Testatrix Whose Estate Is Being Administered: Eileen Phyllis Fox; Deceased; Intestate Beneficiary (1/8 Share): Margaret Rose Kiata; Potential Administrator (declined Appointment): Public Trust
Court
High Court
Jurisdiction
New Zealand
Judgment Date
27 September 2018
Procedural Posture
Application for Directions Under S 53 Administration Act 1969 (probate/administration) / Application for Formal Proof Determined on the Papers; Directions Hearing (on the Papers)
Outcome
Application granted in part: court issued directions under s 53 Administration Act 1969 authorising payment of the 1/8th share into the executor's solicitors' trust account pending grant of Letters of Administration for Margaret Rose Kiata.
Legal Topics
Direction Under S 53 Administration Act 1969, Payment Into Solicitor's Trust Account Pending Grant of Administration, Letters of Administration, Intestacy
Succession Law Probate and Administration Civil Procedure Direction Under S 53 Administration Act 1969 Payment Into Solicitor's Trust Account Pending Grant of Administration Letters of Administration Intestacy

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Parties

Kenneth John Fox

Applicant; Sole Executor and Trustee of the Estate of Eileen Phyllis Fox; Beneficiary (6/8 Share)

Eileen Phyllis Fox

Deceased; Testatrix Whose Estate Is Being Administered

Margaret Rose Kiata

Deceased; Intestate Beneficiary (1/8 Share)

Public Trust

Potential Administrator (declined Appointment)

Procedural Posture

Application for Directions Under S 53 Administration Act 1969 (probate/administration) / Application for Formal Proof Determined on the Papers; Directions Hearing (on the Papers)

Legal Issues

  1. 1 Whether the executor may pay the 1/8 share bequeathed to a deceased intestate beneficiary into his solicitors' trust account pending a grant of Letters of Administration for that beneficiary's estate
  2. 2 Whether the Public Trust should be appointed as administrator of the intestate estate

Ratio Decidendi

Pursuant to s 53 of the Administration Act 1969 the court directed that the executor transfer the 1/8th share of the deceased's estate into his solicitors' trust account on interest bearing deposit pending a sealed grant of Letters of Administration for the intestate beneficiary's estate, as this protects the interests of potential intestate beneficiaries and enables completion of administration.

Court Disposition

Application granted in part: court issued directions under s 53 Administration Act 1969 authorising payment of the 1/8th share into the executor's solicitors' trust account pending grant of Letters of Administration for Margaret Rose Kiata.

Orders

  • Once administration of the estate of Eileen Phyllis Fox is completed and the value is known, the executor is to transfer a 1/8th share of such value into his solicitors' trust account (Sellars and Co, 69 Mill Road, Helensville) on interest bearing deposit pending a grant of Letters of Administration for the estate...
  • The executor is to direct his solicitor to release the 1/8th share together with all accrued interest to the administrator of the estate of Margaret Rose Kiata when a sealed grant of Administration for her estate is served on the executor and the executor's solicitor.