Estate Rozendaal [2013] NZHC 2529

Estate Rozendaal [2013] NZHC 2529

The Court appointed Preston Epplett as administrator with powers to call in and distribute the estate, to implement and account for a mediated agreement in CIV-2011-441-00022 and to negotiate or submit submissions on costs for that proceeding; costs of the current application were ordered to lie where they fall; leave was reserved to the administrator to apply for directions and Mark Rozendaal was directed to advise within 14 days whether he will withdraw his probate application.

Citation
[2013] NZHC 2529
Parties
Applicant: Rochelle Marie Wright; Caveator: Scott Dylan Rozendaal; Probate Applicant (abides Court Decision): Mark Rozendaal; Deceased: Steven Rozendaal; Administrator (appointed): Preston Epplett
Court
High Court
Jurisdiction
New Zealand
Judgment Date
26 September 2013
Procedural Posture
Application for Letters of Administration / Hearing (oral Judgment)
Outcome
Order appointing Preston Epplett as administrator of the estate with specified powers; costs of the current application to lie where they fall; directions regarding implementation of a mediated agreement and probate application.
Legal Topics
Letters of Administration, Appointment of Administrator, Caveat, Probate Application, Costs
Succession Probate Estate Administration Civil Procedure Letters of Administration Appointment of Administrator Caveat Probate Application +1 more

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Parties

Rochelle Marie Wright

Applicant

Scott Dylan Rozendaal

Caveator

Mark Rozendaal

Probate Applicant (abides Court Decision)

Steven Rozendaal

Deceased

Preston Epplett

Administrator (appointed)

Procedural Posture

Application for Letters of Administration / Hearing (oral Judgment)

Legal Issues

  1. 1 Whether to grant letters of administration ad colligenda bona
  2. 2 Who should be appointed administrator and the scope of their powers
  3. 3 Implementation and accounting for a mediated agreement in CIV-2011-441-00022

Ratio Decidendi

The Court appointed Preston Epplett as administrator with powers to call in and distribute the estate, to implement and account for a mediated agreement in CIV-2011-441-00022 and to negotiate or submit submissions on costs for that proceeding; costs of the current application were ordered to lie where they fall; leave was reserved to the administrator to apply for directions and Mark Rozendaal was directed to advise within 14 days whether he will withdraw his probate application.

Court Disposition

Order appointing Preston Epplett as administrator of the estate with specified powers; costs of the current application to lie where they fall; directions regarding implementation of a mediated agreement and probate application.

Orders

  • Preston Epplett, accountant of Hastings, is appointed administrator of the estate with powers to call in and distribute it.
  • In respect of CIV-2011-441-00022, Mr Epplett is to implement the mediated agreement dated 27 January 2012 and be satisfied that the estate funds have been fully accounted for.