Estate of Andrews HC HAM CIV-2012-419-000677

Estate of Andrews HC HAM CIV-2012-419-000677

On the evidence the named executor Raymond Andrews had neglected or refused to take the steps required of him, was an undischarged bankrupt with a potential conflict of interest, and accordingly the Court, pursuant to s 19 Administration Act 1969, granted probate to the applicants to the exclusion of Raymond Andrews.

Citation
openlaw-5057977f_6e20_4ee5_881a_25ef6dacbaea.pdf
Parties
Applicant / Proposed Executor: Ian Douglas Todd; Applicant / Proposed Executor: Robin Joy Martin; Named Executor / Opposing Party: Raymond Anthony Andrews; Deceased: Catherine Andrews
Court
High Court
Jurisdiction
New Zealand
Judgment Date
26 September 2012
Procedural Posture
Probate (administration Act 1969) / Final Hearing on Application for Grant of Probate and Exclusion of Named Executor
Outcome
Application granted: probate granted to Ian Douglas Todd and Robin Joy Martin to the exclusion of Raymond Anthony Andrews; costs awarded to applicants as to scale to be paid from Raymond Andrews' share of the estate.
Legal Topics
Section 19 Administration Act 1969, Exclusion of Named Executor, Conflict of Interest, Substituted Service, Costs Orders
Probate Law Administration of Estates Insolvency/bankruptcy Section 19 Administration Act 1969 Exclusion of Named Executor Conflict of Interest Substituted Service Costs Orders

Case Brief

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Parties

Ian Douglas Todd

Applicant / Proposed Executor

Robin Joy Martin

Applicant / Proposed Executor

Raymond Anthony Andrews

Named Executor / Opposing Party

Catherine Andrews

Deceased

Procedural Posture

Probate (administration Act 1969) / Final Hearing on Application for Grant of Probate and Exclusion of Named Executor

Legal Issues

  1. 1 Whether the Court should grant probate to the applicants to the exclusion of the named executor Raymond Andrews under s 19 Administration Act 1969
  2. 2 Whether Raymond Andrews has neglected or refused to join in or apply for probate
  3. 3 Whether Raymond Andrews' status as an undischarged bankrupt and potential conflicts of interest justify exclusion

Ratio Decidendi

On the evidence the named executor Raymond Andrews had neglected or refused to take the steps required of him, was an undischarged bankrupt with a potential conflict of interest, and accordingly the Court, pursuant to s 19 Administration Act 1969, granted probate to the applicants to the exclusion of Raymond Andrews.

Court Disposition

Application granted: probate granted to Ian Douglas Todd and Robin Joy Martin to the exclusion of Raymond Anthony Andrews; costs awarded to applicants as to scale to be paid from Raymond Andrews' share of the estate.

Orders

  • Grant probate of the Will of Catherine Andrews to Ian Douglas Todd and Robin Joy Martin to the exclusion of Raymond Anthony Andrews
  • Costs to applicants as to scale; costs to be paid out of Raymond Anthony Andrews' share of the estate