Estates of Haine [2017] NZHC 837

Estates of Haine [2017] NZHC 837

Leave to commence proceedings under s 21 was properly granted and on the merits the court removed John Douglas Patterson as executor of the estate of Eileen Minna Haine because a conflict of interest existed between the estates and no opposition was filed following proper service; therefore removal was appropriate to protect the administration of the estate.

Citation
[2017] NZHC 837
Parties
Applicant/executor: John Douglas Patterson; Estate/respondent: Estate of Eileen Minna Haine; Interested Party: Estate of Robert Reginald Haine; Beneficiary (served): L Cheetham; Beneficiary (served): P Haine
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 April 2017
Procedural Posture
Application for Removal of Executor Under Administration Act 1969 S 21 / Leave to Commence Proceedings Granted and Substantive Application Determined on the Papers
Outcome
Application granted; applicant removed as executor of the estate of Eileen Minna Haine; no order for costs
Legal Topics
Removal of Executor, Administration Act 1969 S 21, Conflict of Interest, Service of Beneficiaries
Succession Trusts Civil Procedure Probate/administration Removal of Executor Administration Act 1969 S 21 Conflict of Interest Service of Beneficiaries

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Parties

John Douglas Patterson

Applicant/executor

Estate of Eileen Minna Haine

Estate/respondent

Estate of Robert Reginald Haine

Interested Party

L Cheetham

Beneficiary (served)

P Haine

Beneficiary (served)

Procedural Posture

Application for Removal of Executor Under Administration Act 1969 S 21 / Leave to Commence Proceedings Granted and Substantive Application Determined on the Papers

Legal Issues

  1. 1 Whether leave should be granted to commence proceedings under s 21 of the Administration Act 1969
  2. 2 Whether the applicant should be removed as executor due to conflict of interest arising from litigation between estates
  3. 3 Whether service on relevant beneficiaries was sufficient and whether any opposition was filed

Ratio Decidendi

Leave to commence proceedings under s 21 was properly granted and on the merits the court removed John Douglas Patterson as executor of the estate of Eileen Minna Haine because a conflict of interest existed between the estates and no opposition was filed following proper service; therefore removal was appropriate to protect the administration of the estate.

Court Disposition

Application granted; applicant removed as executor of the estate of Eileen Minna Haine; no order for costs

Orders

  • Applicant granted leave to commence proceedings by originating application
  • John Douglas Patterson removed as executor of the estate of Eileen Minna Haine