LINDWALL & ORS [2017] NZHC 214

LINDWALL & ORS [2017] NZHC 214

The executors had undertaken all reasonable enquiries to locate the missing beneficiary; accordingly the court granted directions under ss 66 and 76 to dispense with further searches and service and ordered that the missing beneficiary's share be included with the residue and distributed to the remaining beneficiaries in accordance with the will.

Citation
[2017] NZHC 214
Parties
Applicant / Executor: Marie Lindwall; Applicant / Executor: Jill Elizabeth Rapson; Applicant / Executor: Alan Grahame; Deceased: Susan Kathleen Chadwick
Court
High Court
Jurisdiction
New Zealand
Judgment Date
21 February 2017
Procedural Posture
Estate Administration (application Under Trustees Act 1956) / Hearing on Application for Directions (s 66 and S 76)
Outcome
Application for directions granted.
Legal Topics
Missing Beneficiary, Administration of Deceased Estate, Dispense With Service, Directions to Executors
Trusts Estates Probate Civil Procedure Missing Beneficiary Administration of Deceased Estate Dispense With Service Directions to Executors

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Parties

Marie Lindwall

Applicant / Executor

Jill Elizabeth Rapson

Applicant / Executor

Alan Grahame

Applicant / Executor

Susan Kathleen Chadwick

Deceased

Procedural Posture

Estate Administration (application Under Trustees Act 1956) / Hearing on Application for Directions (s 66 and S 76)

Legal Issues

  1. 1 Whether executors have made all reasonable enquiries to locate a missing beneficiary
  2. 2 Whether the court should dispense with further searches and service on the missing beneficiary under ss 66 and 76 of the Trustees Act 1956
  3. 3 Whether the missing beneficiary's share may be included in the residue and distributed to the remaining beneficiaries

Ratio Decidendi

The executors had undertaken all reasonable enquiries to locate the missing beneficiary; accordingly the court granted directions under ss 66 and 76 to dispense with further searches and service and ordered that the missing beneficiary's share be included with the residue and distributed to the remaining beneficiaries in accordance with the will.

Court Disposition

Application for directions granted.

Orders

  • Dispense with further searches and investigation into the whereabouts of the missing beneficiary (Ms Golashova).
  • Dispense with service on the missing beneficiary (Ms Golashova).