HARTLEY GREIG V LILIAN HC WHA CIV 2011-488-0068

HARTLEY GREIG V LILIAN HC WHA CIV 2011-488-0068

The court declined to remove Lilian on the interim application and ordered that all three executors and trustees remain in office pending the settlement conference or determination on 2 February 2012; it made specific interim orders governing payments, sale of assets and distributions, and directed a judicial settlement conference with timetabled filing obligations and a hearing date to resolve remaining issues.

Citation
openlaw-3664c39e_fa30_478b_a132_c8aa7478ba27.pdf
Parties
Plaintiff Executor and Trustee: Reuben Hartley Greig; Plaintiff Executor and Trustee: David John Stephen McNicholas; Defendant Trustee and Executor (respondent): Lilian
Court
High Court
Jurisdiction
New Zealand
Judgment Date
27 October 2011
Procedural Posture
Trustee Act 1956 and Companies Act 1993 (estate/trusts/probate and Relationship Property Issues) / Case Management / Pre Trial Directions (oral Judgment Directing Settlement Conference and Interim Orders)
Outcome
Interim: defendant not removed; all three executors and trustees to remain in office pending settlement conference or determination on 2 February 2012; detailed interim administrative and payment directions made; costs reserved.
Legal Topics
Removal of Trustee/executor, Interpretation of Relationship Property Agreement, Interim Distributions From Estate and Insurance Proceeds, Transfer of Family Court Proceedings, Case Management and Settlement Conference Directions
Trusts Probate and Estate Administration Relationship Property Family Law Company Law Removal of Trustee/executor Interpretation of Relationship Property Agreement Interim Distributions From Estate and Insurance Proceeds +2 more

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Parties

Reuben Hartley Greig

Plaintiff Executor and Trustee

David John Stephen McNicholas

Plaintiff Executor and Trustee

Lilian

Defendant Trustee and Executor (respondent)

Procedural Posture

Trustee Act 1956 and Companies Act 1993 (estate/trusts/probate and Relationship Property Issues) / Case Management / Pre Trial Directions (oral Judgment Directing Settlement Conference and Interim Orders)

Legal Issues

  1. 1 Whether Lilian should be removed as trustee and executor
  2. 2 Whether relationship property issues should be heard in the Family Court or transferred to the High Court
  3. 3 What interim steps and payments the executors and trustees may lawfully undertake pending final determination

Ratio Decidendi

The court declined to remove Lilian on the interim application and ordered that all three executors and trustees remain in office pending the settlement conference or determination on 2 February 2012; it made specific interim orders governing payments, sale of assets and distributions, and directed a judicial settlement conference with timetabled filing obligations and a hearing date to resolve remaining issues.

Court Disposition

Interim: defendant not removed; all three executors and trustees to remain in office pending settlement conference or determination on 2 February 2012; detailed interim administrative and payment directions made; costs reserved.

Orders

  • All three executors and trustees to remain in office pending settlement conference or determination on 2 February 2012
  • Estate to pay $50,000 (estate's share of a debt owed to Mary Hartley) from estate funds independent of Asteron life insurance policy proceeds