ESTATE OF R B WALTON [2023] NZHC 656

ESTATE OF R B WALTON [2023] NZHC 656

Because the named executor had not proved the will, renounced probate, produced the original will or otherwise acted for an extended period (over two years), the Court exercised its discretion under s6 and r27.25 to appoint an independent professional administrator (Asta Gold) as expedient to ensure proper administration and ordered production of the original will.

Citation
[2023] NZHC 656
Parties
Applicant: Dylan James Walton; Applicant: Leah Raewyn Walton; Deceased: Raewyn Berenice Walton; Executor (named): Timothy Bolt; Appointed Administrator: Asta Gold
Court
High Court
Jurisdiction
New Zealand
Judgment Date
29 March 2023
Procedural Posture
Letters of Administration / Estate Administration / Judgment on the Papers
Outcome
Letters of administration with the will annexed granted to Asta Gold; order that the original will be produced.
Legal Topics
Letters of Administration, Will Annexed, Executor Neglect or Refusal to Prove Will, Production of Original Will, Appointment of Independent Administrator
Succession Probate Estate Administration Civil Procedure Letters of Administration Will Annexed Executor Neglect or Refusal to Prove Will Production of Original Will +1 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 4 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Dylan James Walton

Applicant

Leah Raewyn Walton

Applicant

Raewyn Berenice Walton

Deceased

Timothy Bolt

Executor (named)

Asta Gold

Appointed Administrator

Procedural Posture

Letters of Administration / Estate Administration / Judgment on the Papers

Legal Issues

  1. 1 Whether to grant letters of administration with the will annexed to an independent administrator
  2. 2 Whether the named executor Timothy Bolt has neglected or refused to prove the will or renounce probate
  3. 3 Whether the original will should be ordered produced

Ratio Decidendi

Because the named executor had not proved the will, renounced probate, produced the original will or otherwise acted for an extended period (over two years), the Court exercised its discretion under s6 and r27.25 to appoint an independent professional administrator (Asta Gold) as expedient to ensure proper administration and ordered production of the original will.

Court Disposition

Letters of administration with the will annexed granted to Asta Gold; order that the original will be produced.

Orders

  • Grant letters of administration with the will annexed to Asta Gold, barrister and solicitor
  • Order that the original will be produced