J AND M v T [2017] NZHC 3089

J AND M v T [2017] NZHC 3089

The court found the incompatibility and conduct of the three co-executors had caused inordinate delay and prevented proper administration; removal on grounds of expediency under s21 was warranted and the Public Trust should be appointed to administer the estate, with reasonable costs of the removal application to be paid from the estate.

Citation
[2017] NZHC 3089
Parties
Applicant: J; Applicant: M; Respondent: T
Court
High Court
Jurisdiction
New Zealand
Judgment Date
12 December 2017
Procedural Posture
Application for Removal of Executors (administration Act S21) / Judgment (final)
Outcome
All three current executors removed and Public Trust appointed as administrator; reasonable costs of the applications to be paid from the estate; judgment anonymised and access restricted with specified redactions.
Legal Topics
Removal of Executor, Administrator Removal, Conflict Between Executors, Appointment of Public Trust, Suppression and Anonymisation
Probate Estate Administration Trusts and Trustees Civil Procedure Removal of Executor Administrator Removal Conflict Between Executors Appointment of Public Trust +1 more

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Parties

J

Applicant

M

Applicant

T

Respondent

Procedural Posture

Application for Removal of Executors (administration Act S21) / Judgment (final)

Legal Issues

  1. 1 Whether executors should be removed under s21 Administration Act 1969 on grounds of expediency
  2. 2 Whether the Public Trust should be appointed as administrator
  3. 3 Whether anonymisation and suppression of parts of the judgment are appropriate

Ratio Decidendi

The court found the incompatibility and conduct of the three co-executors had caused inordinate delay and prevented proper administration; removal on grounds of expediency under s21 was warranted and the Public Trust should be appointed to administer the estate, with reasonable costs of the removal application to be paid from the estate.

Court Disposition

All three current executors removed and Public Trust appointed as administrator; reasonable costs of the applications to be paid from the estate; judgment anonymised and access restricted with specified redactions.

Orders

  • Remove the current executors (J, M and T) as executors/administrators of the estate pursuant to Administration Act 1969 s21
  • Appoint the Public Trust to administer the estate