Jackson v Jackson [2016] NZHC 1723

Jackson v Jackson [2016] NZHC 1723

Executors of the will had neglected or refused to prove the will within three months, and the applicant's interest did not disqualify him from appointment; accordingly the court issued an order nisi granting letters of administration to Raymond Barry Jackson under s 19 of the Administration Act 1969 to enable investigation, subject to respondents showing cause within 28 days.

Citation
[2016] NZHC 1723
Parties
Applicant: Raymond Barry Jackson; First Respondent: Stephen James Jackson; Second Respondent: Linda Margaret Jackson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
27 July 2016
Procedural Posture
Originating Application for Letters of Administration Under the Administration Act 1969 / Hearing and Judgment on Application; Order Nisi Issued
Outcome
Order nisi issued that letters of administration of the estate of the late Ivy Jackson be granted to Raymond Barry Jackson under s 19 of the Administration Act 1969 unless the executors show cause within 28 days; costs awarded to applicant on a scale 2B basis.
Legal Topics
Letters of Administration, Appointment of Administrator, Neglect to Prove Will, Enduring Power of Attorney, Capacity to Execute Documents, Costs
Probate Succession Estate Administration Civil Procedure Letters of Administration Appointment of Administrator Neglect to Prove Will Enduring Power of Attorney +2 more

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Parties

Raymond Barry Jackson

Applicant

Stephen James Jackson

First Respondent

Linda Margaret Jackson

Second Respondent

Procedural Posture

Originating Application for Letters of Administration Under the Administration Act 1969 / Hearing and Judgment on Application; Order Nisi Issued

Legal Issues

  1. 1 Whether Raymond should be appointed administrator under s 19(1) (or s 6(2)(a)) of the Administration Act 1969
  2. 2 Whether the named executors neglected or refused to prove the will within three months
  3. 3 Whether Raymond is disqualified by conflict of interest from appointment

Ratio Decidendi

Executors of the will had neglected or refused to prove the will within three months, and the applicant's interest did not disqualify him from appointment; accordingly the court issued an order nisi granting letters of administration to Raymond Barry Jackson under s 19 of the Administration Act 1969 to enable investigation, subject to respondents showing cause within 28 days.

Court Disposition

Order nisi issued that letters of administration of the estate of the late Ivy Jackson be granted to Raymond Barry Jackson under s 19 of the Administration Act 1969 unless the executors show cause within 28 days; costs awarded to applicant on a scale 2B basis.

Orders

  • Order nisi that letters of administration of the estate of the late Ivy Jackson shall be granted to Raymond Barry Jackson unless Stephen James Jackson and Linda Margaret Jackson show cause within 28 days from date of judgment why administration should not be granted to Raymond Barry Jackson.
  • Service of the order to be effected by serving a sealed copy on respondents' solicitor Corban Revell, 133A Central Park Drive, Auckland.