RE ESTATE OF OWEN IVOR MAUL PILBROW [2023] NZHC 73

RE ESTATE OF OWEN IVOR MAUL PILBROW [2023] NZHC 73

Applying s21 Administration Act 1969 and established authorities, the Court exercised its discretion in the beneficiaries' interests to remove the two family executors and appoint an independent professional solicitor (Christopher R Darlow) as sole substitute administrator because disputes impeded effective administration and sale of the principal asset; the Court declined to make a trust appointment order without further memorandum and ordered that reasonable costs of the application be met from estate assets.

Citation
[2023] NZHC 73
Parties
Applicant and Executor: Trudy Joy Pilbrow; Co Executor and Respondent: Vicky Pilbrow; Interested Parties: Interested parties (siblings); Deceased Estate: Estate of Owen Ivor Maul Pilbrow
Court
High Court
Jurisdiction
New Zealand
Judgment Date
2 February 2023
Procedural Posture
Originating Application Under the Administration Act 1969 / Decision on the Papers Removing Administrators and Appointing Substitute Administrator; Leave Under High Court Rules R19.5 Granted
Outcome
Application granted in part: Ms Trudy Pilbrow and Ms Vicky Pilbrow removed as administrators; Mr Christopher Robert Darlow appointed sole substitute administrator; no immediate order made regarding vesting of trust appointment; costs to be paid from estate.
Legal Topics
Removal of Administrator Under S21, Appointment of Substitute Administrator, Court Discretion in Estate Administration, Costs Order From Estate, Trust Appointment Queries
Succession Estate Administration Trusts Probate Civil Procedure Removal of Administrator Under S21 Appointment of Substitute Administrator Court Discretion in Estate Administration +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Trudy Joy Pilbrow

Applicant and Executor

Vicky Pilbrow

Co Executor and Respondent

Interested parties (siblings)

Interested Parties

Estate of Owen Ivor Maul Pilbrow

Deceased Estate

Procedural Posture

Originating Application Under the Administration Act 1969 / Decision on the Papers Removing Administrators and Appointing Substitute Administrator; Leave Under High Court Rules R19.5 Granted

Legal Issues

  1. 1 Whether the court should remove the appointed executors and appoint an independent administrator under s21 Administration Act 1969
  2. 2 Whether the court should make an order vesting the power of appointment of new trustees of the Pilbrow Property Trust in the new administrator
  3. 3 Whether the costs and disbursements of the application should be met from estate assets

Ratio Decidendi

Applying s21 Administration Act 1969 and established authorities, the Court exercised its discretion in the beneficiaries' interests to remove the two family executors and appoint an independent professional solicitor (Christopher R Darlow) as sole substitute administrator because disputes impeded effective administration and sale of the principal asset; the Court declined to make a trust appointment order without further memorandum and ordered that reasonable costs of the application be met from estate assets.

Court Disposition

Application granted in part: Ms Trudy Pilbrow and Ms Vicky Pilbrow removed as administrators; Mr Christopher Robert Darlow appointed sole substitute administrator; no immediate order made regarding vesting of trust appointment; costs to be paid from estate.

Orders

  • Ms Trudy Joy Pilbrow is removed as administrator of the Estate of Owen Ivor Maul Pilbrow pursuant to s21 Administration Act 1969
  • Ms Vicky Pilbrow is removed as administrator of the Estate of Owen Ivor Maul Pilbrow pursuant to s21 Administration Act 1969