ESTATE HODGSON [2021] NZHC 906

ESTATE HODGSON [2021] NZHC 906

The application was declined because the applicant failed to demonstrate that "reasonable measures" had been taken under s136(2): critical evidential deficiencies included absence of affidavit proof of death‑register searches, no enquiries about potential children of the missing beneficiary, inadequate newspaper advertisement wording and geographic scope, and failure to conduct social media searches or employ a private investigator; consequently the statutory threshold for authorising distribution was not satisfied.

Citation
[2021] NZHC 906
Parties
Applicant (administrator and Beneficiary): Ian Brian Hodgson; Respondent (beneficiary): Vanessa Joyce Hodgson; Respondent (beneficiary, Whereabouts Unknown): Kevin Thomas Hodgson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 April 2021
Procedural Posture
Application Under S136 Trusts Act 2019 (estate Administration) / Without Notice Originating Application (on the Papers)
Outcome
Application declined
Legal Topics
Missing Beneficiary Distribution, Section 136 Trusts Act 2019, Reasonable Inquiries, Publication and Tracing, Use of Social Media and Private Investigators
Trusts Estate Administration Succession Civil Procedure Missing Beneficiary Distribution Section 136 Trusts Act 2019 Reasonable Inquiries Publication and Tracing +1 more

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Parties

Ian Brian Hodgson

Applicant (administrator and Beneficiary)

Vanessa Joyce Hodgson

Respondent (beneficiary)

Kevin Thomas Hodgson

Respondent (beneficiary, Whereabouts Unknown)

Procedural Posture

Application Under S136 Trusts Act 2019 (estate Administration) / Without Notice Originating Application (on the Papers)

Legal Issues

  1. 1 Whether the trustee/applicant has taken "reasonable measures" under s136(2) to bring notice of a potential beneficiary's interest
  2. 2 Whether newspaper advertisements and the searches undertaken were adequate to locate the missing beneficiary
  3. 3 Whether enquiries were made about potential descendants who might take if the beneficiary predeceased the testator

Ratio Decidendi

The application was declined because the applicant failed to demonstrate that "reasonable measures" had been taken under s136(2): critical evidential deficiencies included absence of affidavit proof of death‑register searches, no enquiries about potential children of the missing beneficiary, inadequate newspaper advertisement wording and geographic scope, and failure to conduct social media searches or employ a private investigator; consequently the statutory threshold for authorising distribution was not satisfied.

Court Disposition

Application declined

Orders

  • Application under s136 Trusts Act 2019 to authorise distribution of the estate declined