3 Jul 2014
Nawisielski v Nawisielski [2014] NZHC 1547
- Citation
- [2014] NZHC 1547
- Court
- High Court
The defendant was removed as executrix and trustee because her position as surviving spouse, beneficiary by survivorship and executor created an actual conflict of interest that prevented even‑handed administration and the proper pursuit of potential relationship property proceedings; the Court exercised its statutory and inherent jurisdiction (Administration Act s21 and Trustee Act provisions) to appoint an independent and suitably qualified substitute executor/trustee (Michael Jeremy Badham) to ensure efficient, impartial administration and to enable the estate, through its personal represe…