IN THE ESTATE OF HANKINSON [2023] NZHC 861

IN THE ESTATE OF HANKINSON [2023] NZHC 861

Because the named executor renounced, the applicant filed supporting affidavits, the beneficiaries either consented or did not oppose, and the caveator withdrew her caveat, the court was satisfied to grant letters of administration with the will annexed to the applicant, order the sealing of the grant and direct that the applicant's reasonable costs be paid from the estate.

Citation
[2023] NZHC 861
Parties
Applicant and Proposed Administrator (with Will Annexed): Ms Brittain; Caveator and Beneficiary: Jane Elizabeth Hankinson; Deceased: Edward Ashley Hankinson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 April 2023
Procedural Posture
Probate and Estate Administration – Application for Letters of Administration With Will Annexed / Order Nisi Granted by Registrar; Caveat Withdrawn; Grant Made on the Papers (judgment on the Papers)
Outcome
Letters of administration with will annexed granted to Ms Brittain; letters to be sealed; applicant's costs to be met by the estate.
Legal Topics
Letters of Administration With Will Annexed, Caveat, Renunciation of Probate, Sealing of Grant, Costs of Grant
Probate Estate Administration Civil Procedure Letters of Administration With Will Annexed Caveat Renunciation of Probate Sealing of Grant Costs of Grant

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Parties

Ms Brittain

Applicant and Proposed Administrator (with Will Annexed)

Jane Elizabeth Hankinson

Caveator and Beneficiary

Edward Ashley Hankinson

Deceased

Procedural Posture

Probate and Estate Administration – Application for Letters of Administration With Will Annexed / Order Nisi Granted by Registrar; Caveat Withdrawn; Grant Made on the Papers (judgment on the Papers)

Legal Issues

  1. 1 Whether letters of administration with the will annexed should be granted to the applicant
  2. 2 Whether the caveat lodged by Ms Jane Elizabeth Hankinson prevented the grant
  3. 3 Whether the applicant's costs in obtaining the letters should be borne by the estate

Ratio Decidendi

Because the named executor renounced, the applicant filed supporting affidavits, the beneficiaries either consented or did not oppose, and the caveator withdrew her caveat, the court was satisfied to grant letters of administration with the will annexed to the applicant, order the sealing of the grant and direct that the applicant's reasonable costs be paid from the estate.

Court Disposition

Letters of administration with will annexed granted to Ms Brittain; letters to be sealed; applicant's costs to be met by the estate.

Orders

  • Grant letters of administration with the will annexed to Ms Brittain
  • Seal the letters of administration with will annexed filed as part of the application