KALVYN WILLIAM FRICKLETON HC WN CIV 2009-485-1903

KALVYN WILLIAM FRICKLETON HC WN CIV 2009-485-1903

The application under s6 was granted because the respondent withdrew his opposition; accordingly the court removed the respondent as executor and probate is to be granted solely to the applicant.

Citation
openlaw-4fd746ac_d2aa_4022_8e7f_40477564541c.pdf
Parties
Applicant / Executor: Carl William Frickleton; Respondent / Executor: Ernest William Gartrell; Deceased: Kalvyn William Frickleton
Court
High Court
Jurisdiction
New Zealand
Judgment Date
24 March 2010
Procedural Posture
Estate Administration (probate) / Application Under S6 Administration Act 1969 to Remove Executor; Oral Judgment (hearing 24 March 2010)
Outcome
Application granted.
Legal Topics
Removal of Executor, Administration Act 1969 S6, Granting Probate, Executor Disqualification
Estate Law Probate Trusts Civil Procedure Removal of Executor Administration Act 1969 S6 Granting Probate Executor Disqualification

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Parties

Carl William Frickleton

Applicant / Executor

Ernest William Gartrell

Respondent / Executor

Kalvyn William Frickleton

Deceased

Procedural Posture

Estate Administration (probate) / Application Under S6 Administration Act 1969 to Remove Executor; Oral Judgment (hearing 24 March 2010)

Legal Issues

  1. 1 Whether an executor should be removed under s6 of the Administration Act 1969
  2. 2 Whether the respondent is prohibited from seeking probate
  3. 3 Effect of respondent's withdrawal of opposition

Ratio Decidendi

The application under s6 was granted because the respondent withdrew his opposition; accordingly the court removed the respondent as executor and probate is to be granted solely to the applicant.

Court Disposition

Application granted.

Orders

  • Application pursuant to s6 Administration Act 1969 granted.
  • Mr Ernest William Gartrell is removed as an executor of the estate of Kalvyn William Frickleton.