14 Sept 2023
The plaintiffs' application to remove the defendant as executor was granted and the defendant's procedural applications were dismissed; because the plaintiffs were successful and the defendant did not oppose costs, costs were awarded to the plaintiffs on a 2B basis together with disbursements.
8 Oct 2021
Respondent's unauthorised use of estate property as security for personal debt, transfer of estate property to a company he controlled contrary to beneficiaries' agreement, failure to pay rates exposing properties to forced sale, long-standing failure to administer the estates efficiently, and clear conflict between his personal interests and duties as administrator made removal expedient under s 21; appointment of an independent trustee and vesting of titles under s 89 LTA 2017 was the suitable, practical and efficient remedy to protect beneficiaries' interests.
24 Apr 2020
Removal of Ms Povey was expedient because she delayed administration by failing to progress the agreed sale since 2013, her uncompleted purchase attempts and inactivity since 2018 hindered winding up the estate and risked diminution of value (property uninsured), she did not assert a legal right to remain in occupation, and removal advancing sale and distribution of the estate was suitable, practical and efficient; accordingly Povey was removed, vacant possession ordered with a practical timeline, and costs ordered to be paid from the estate.
12 Dec 2019
Because the administrator was medically certified as incapacitated and the estate was in cash ready for distribution, the court exercised its power under s21 to discharge the incapacitated administrator, dispensing with personal service and a litigation guardian as unnecessary to advance the interests of the estate and beneficiaries; no replacement administrator was required at this late stage.
19 Nov 2015
Given the pending relationship property interest and the real potential for conflict and ongoing hostility between the named executors, it was expedient under Administration Act 1969 s21 to remove both named administrators and appoint an independent solicitor (Catherine Atchison) as administrator to protect the integrity of the administration and the long term welfare of the beneficiaries.
17 Apr 2015
On the totality of the evidence the Court was satisfied on the balance of probabilities that the testatrix had testamentary capacity when she signed the 29 September 2012 will; independent contemporaneous evidence corroborated her stated intentions; the husband's involvement did not establish undue influence; and the will complied with s11 Wills Act 2007, therefore the will is valid and the plaintiff may apply for a grant of probate in common form (with both executors or a renunciation).
25 Mar 2014
Because Leonard was uncontactable for many years, his continued status as co-executor had rendered the probate grant abortive and administration stalled; under s21 the court found it expedient to remove him to permit proper and efficient administration for the benefit of beneficiaries despite absence of proven misconduct.
20 Aug 2008
Defendant was removed as executor and trustee and a replacement appointed because her consistent and material failure to discharge statutory and fiduciary duties amounted to misconduct that exposed the estate to loss and risk, and she did not contest the application.