BELL v PATTERSON [2017] NZHC 1092

BELL v PATTERSON [2017] NZHC 1092

The assets in the deceased husband's probate were relationship property at the date of his death and therefore one-half of the net proceeds of the estate must be paid to the applicant as executor of the deceased spouse's estate; the preliminary leave issue was moot given prior Family Court leave and would be granted if necessary.

Citation
[2017] NZHC 1092
Parties
Applicant Executor of the Estate of Eileen Minna Haine: Beverley Agnes Bell as executor of the estate of Eileen Minna Haine; Respondent Executor and Administrator of the Estate of Robert Reginald Haine: John Douglas Patterson as executor and administrator of the estate of Robert Reginald Haine
Court
High Court
Jurisdiction
New Zealand
Judgment Date
24 May 2017
Procedural Posture
Application Under the Property (relationships) Act 1976 / High Court Judgment on Application Transferred From Family Court (formal Proof)
Outcome
Application granted
Legal Topics
Relationship Property, Division of Estate, Leave to Commence Proceedings, Costs
Property Law Family Law Estate Administration Probate Relationship Property Division of Estate Leave to Commence Proceedings Costs

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Parties

Beverley Agnes Bell as executor of the estate of Eileen Minna Haine

Applicant Executor of the Estate of Eileen Minna Haine

John Douglas Patterson as executor and administrator of the estate of Robert Reginald Haine

Respondent Executor and Administrator of the Estate of Robert Reginald Haine

Procedural Posture

Application Under the Property (relationships) Act 1976 / High Court Judgment on Application Transferred From Family Court (formal Proof)

Legal Issues

  1. 1 Whether assets in the deceased husband's probate constituted relationship property at the date of his death entitling the deceased spouse to one-half
  2. 2 Whether leave to commence proceedings under s 88 of the Property (Relationships) Act 1976 was required or defective and whether that affects the application
  3. 3 Appropriate disposition of the net proceeds of sale of the former relationship home and costs

Ratio Decidendi

The assets in the deceased husband's probate were relationship property at the date of his death and therefore one-half of the net proceeds of the estate must be paid to the applicant as executor of the deceased spouse's estate; the preliminary leave issue was moot given prior Family Court leave and would be granted if necessary.

Court Disposition

Application granted

Orders

  • One-half of the net proceeds of the estate of Robert Reginald Haine to be paid to the applicant as executor of the estate of Eileen Minna Haine
  • Costs to lie where they fall