New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Appointment of professional executor

Legal area

Court

7 Jun 2023

JONES v JONES [2023] NZHC 1408

Citation

[2023] NZHC 1408
Court

High Court

Removal was expedient under s 21 because (1) Laurel's Family Protection claim created a conflict requiring her removal; and (2) Cindy and Jason's conduct (failure to secure and transfer company shares into executor ownership, Cindy's sole directorship, persistent delay, and Jason's overseas residence) created real risks of prejudice to beneficiaries and impeded efficient administration, so appointment of an independent professional executor was necessary to protect beneficiaries and resolve claims promptly.
7 Feb 2012

HINDE V CRANWELL HC AK CIV-2011-404-000882

Citation

openlaw-62b1fe94_ccc9_45e2_8fe3_be80015cf8cd.pdf
Court

High Court

Under s21 Administration Act 1969 the court removed all three nominated executors and appointed New Zealand Guardian Trust Company Limited as sole administrator because the executors could not work together, significant delay and inertia had persisted for over three years, debts owed by two executors created conflicts or appearances of partiality, and independent decisive administration was necessary for proper and efficient estate administration.