12 Apr 2019
WELLWOOD v WELLWOOD [2019] NZHC 801
- Citation
- [2019] NZHC 801
- Court
- High Court
Given the defendant's imprisonment (which impedes performance), the testator's subsequent documented preference against the defendant acting, the absence of an effective alternative nominated by the parties, and the degree of animosity risking prejudice to beneficiaries, it was expedient under s21 to remove the defendant as executor and appoint an independent solicitor as sole executor to ensure impartial and professional administration of the estate.