WHATI [2015] NZHC 3243

WHATI [2015] NZHC 3243

Because the caveator failed to appear on the return date of the order nisi and an affidavit of service was filed, the court made the order nisi absolute under s61(d) of the Administration Act 1969; substantive questions about the de facto relationship's duration and any claim to the estate were not determined because the caveator did not present evidence.

Citation
[2015] NZHC 3243
Parties
Applicant (mother and Applicant for Letters of Administration): Matewai Whati; Caveator (former De Facto Partner of the Deceased): Leva Ariu; Deceased: Keriana Haralucinda Lorrain Whati
Court
High Court
Jurisdiction
New Zealand
Judgment Date
16 December 2015
Procedural Posture
Application for Letters of Administration Under the Administration Act 1969 (intestacy) / Hearing on Order Nisi; Decision on Caveat and Making Order Nisi Absolute
Outcome
Order nisi made absolute
Legal Topics
Letters of Administration, Caveat, De Facto Partner Entitlement on Intestacy, Short Duration De Facto Relationships, Substantial Contribution and Serious Injustice Test, Section 61 Administration Act Procedure
Probate Succession Family Law Relationship Property Letters of Administration Caveat De Facto Partner Entitlement on Intestacy Short Duration De Facto Relationships +2 more

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Parties

Matewai Whati

Applicant (mother and Applicant for Letters of Administration)

Leva Ariu

Caveator (former De Facto Partner of the Deceased)

Keriana Haralucinda Lorrain Whati

Deceased

Procedural Posture

Application for Letters of Administration Under the Administration Act 1969 (intestacy) / Hearing on Order Nisi; Decision on Caveat and Making Order Nisi Absolute

Legal Issues

  1. 1 Whether the caveator (de facto partner) was entitled to share in the estate under ss 77 and 77B of the Administration Act
  2. 2 Whether the de facto relationship amounted to living together for three years or more
  3. 3 If relationship was of short duration, whether the caveator made a substantial contribution and exclusion would cause serious injustice

Ratio Decidendi

Because the caveator failed to appear on the return date of the order nisi and an affidavit of service was filed, the court made the order nisi absolute under s61(d) of the Administration Act 1969; substantive questions about the de facto relationship's duration and any claim to the estate were not determined because the caveator did not present evidence.

Court Disposition

Order nisi made absolute

Orders

  • Order nisi made absolute
  • Applicant awarded costs on a 2B basis