LEEMING v LEEMING [2023] NZHC 85

LEEMING v LEEMING [2023] NZHC 85

Court concluded there was a proper basis for an interim distribution because the estate was large enough to meet competing FPA claims and costs, the applicant would likely receive a substantial share on final distribution, and applicant showed hardship and need to fund litigation; however the requested sum...

Source-derived case information.

Citation
[2023] NZHC 85
Parties
Applicant (beneficiary and Executor of Thomas' Estate): Dean Edward Leeming; Respondent (beneficiary and Executor of Barbara's Estate): Gary Sheldon Leeming; Respondent (beneficiary and Executor of Barbara's Estate): Brett Roderick Leeming; Interested Party (excluded Beneficiary): Tony Leeming; Interested Party (grandchild, FPA Claimant): Todd Leeming; Interested Party (grandchild, FPA Claimant): Claudia Hegley; Estate (subject of Application): Estate of Barbara Rosemary Leeming
Court
High Court
Jurisdiction
New Zealand
Judgment Date
3 February 2023
Procedural Posture
Application for Interim Distribution Under the Trusts Act 2019 and Related Family Protection Act Claims / Judgment on Interim Distribution Application (hearing 8 Dec 2022; Judgment 3 Feb 2023)
Outcome
Application granted in part
Legal Topics
Interim Distribution, Executor Duties, Family Protection Claims, Undue Influence, Testamentary Capacity, Property Relationships, Costs
Trusts Estates and Probate Family Law Succession Property Law Interim Distribution Executor Duties Family Protection Claims +4 more

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Parties

Dean Edward Leeming

Applicant (beneficiary and Executor of Thomas' Estate)

Gary Sheldon Leeming

Respondent (beneficiary and Executor of Barbara's Estate)

Brett Roderick Leeming

Respondent (beneficiary and Executor of Barbara's Estate)

Tony Leeming

Interested Party (excluded Beneficiary)

Todd Leeming

Interested Party (grandchild, FPA Claimant)

Claudia Hegley

Interested Party (grandchild, FPA Claimant)

Estate of Barbara Rosemary Leeming

Estate (subject of Application)

Procedural Posture

Application for Interim Distribution Under the Trusts Act 2019 and Related Family Protection Act Claims / Judgment on Interim Distribution Application (hearing 8 Dec 2022; Judgment 3 Feb 2023)

Legal Issues

  1. 1 Whether there is a proper basis to make an interim distribution from the estate
  2. 2 What quantum of interim distribution is appropriate
  3. 3 Whether any interim distribution must be made equally to the other beneficiaries

Ratio Decidendi

Court concluded there was a proper basis for an interim distribution because the estate was large enough to meet competing FPA claims and costs, the applicant would likely receive a substantial share on final distribution, and applicant showed hardship and need to fund litigation; however the requested sum ($750,000) was excessive and risked fuel for protracted litigation, so the court ordered equal interim distributions of $350,000 each to the three beneficiaries to be even-handed and proportionate.

Court Disposition

Application granted in part

Orders

  • Executors ordered to make interim distribution of NZD 350000 to Dean Edward Leeming
  • Executors ordered to make interim distribution of NZD 350000 to Gary Sheldon Leeming