New Zealand Case Law: Decisions & Judgments

Topic

Executor duties

Legal area

Court

19 Sept 2023

STANBRIDGE v PAKU [2023] NZHC 2604

Citation

[2023] NZHC 2604
Court

High Court

The executor failed to fully administer the estate by not transferring the deceased's undivided shares in the property; the executor died intestate; therefore a grant of administration de bonis non was necessary and it was expedient under the Administration Act to appoint Perpetual Trust Ltd as administrator with the will annexed; the Court will order the executor removed and the administrator's and plaintiffs' reasonable costs to be charged on the estate with specified ranking.
11 Jul 2023

NEPIA v BARNETT [2023] NZHC 1796

Citation

[2023] NZHC 1796
Court

High Court

The Judge found the three statutory thresholds under r 8.20 were satisfied: the applicant may have a claim, it is impracticable to plead the claim without the documents, and the documents were or are under the control of the executor; consequently the Court ordered the executor to provide affidavit and disclosure and ordered the GP to provide medical records on payment of expenses, and ordered costs against the executor personally on a 2B scale.
13 Jun 2023

PUBLIC TRUST v BUCKNELL [2023] NZHC 1465

Citation

[2023] NZHC 1465
Court

High Court

On the balance of probabilities the Court accepted the expert assessment that Mrs Balch likely lacked the requisite testamentary capacity when she executed the 24 February 2016 will, rendering that will invalid; therefore the 18 January 2005 will is the last valid will and probate in solemn form is granted for that 2005 will.
7 Feb 2023

LUNN v LEE [2023] NZHC 110

Citation

[2023] NZHC 110
Court

High Court

The defendant was occupying the property without the registered proprietor's licence or consent and was not a tenant; prior formal notices to vacate were given and no defence was filed, therefore the executor/registered proprietor was entitled to an order for vacant possession to enable administration and sale of the estate; costs were awarded on a 2B basis payable by the estate.
3 Feb 2023

LEEMING v LEEMING [2023] NZHC 85

Citation

[2023] NZHC 85
Court

High Court

Court concluded there was a proper basis for an interim distribution because the estate was large enough to meet competing FPA claims and costs, the applicant would likely receive a substantial share on final distribution, and applicant showed hardship and need to fund litigation; however the requested sum ($750,000) was excessive and risked fuel for protracted litigation, so the court ordered equal interim distributions of $350,000 each to the three beneficiaries to be even-handed and proportionate.
19 Dec 2022

BENNETT and HENDERSON v O’MEARA and O’MEARA [2022] NZHC 3519

Citation

[2022] NZHC 3519
Court

High Court

The defendants occupy the property without the consent of the registered proprietors, the plaintiffs hold the trustee interest and are entitled to possession; no defence was filed and summary judgment was appropriate, so an order for possession within five working days was granted.
9 Dec 2022

HAGAMAN v HAGAMAN [2022] NZHC 3325

Citation

[2022] NZHC 3325
Court

High Court

The court held that s 66(3) requires the personal representative to demonstrate a justifiable interest in maintaining privilege after death and that the meaning of 'legitimate interest' in s 66(4) is sufficiently unclear to warrant appellate consideration; leave to appeal was granted in respect of s 66(3) and s 66(4) together, but leave to appeal the application of Lambie was refused.
24 Aug 2022

GAITZ v JAMES GAVIN DONOVAN and GIZELLA GAITZ as executors of the estate of VILMOS GAITZ [2022] NZHC 2107

Citation

[2022] NZHC 2107
Court

High Court

The Court found on the balance of probabilities that the 2015 will and the 2015 transfer were procured by undue influence exerted by Gizella over Vilmos — evidenced by prolonged isolation, control over finances, coercive incidents, and inadequacies in independent advice or separate consultation by the solicitor — and therefore the 2015 will is void and the 2015 transfer is set aside; the 2010 transfer and 2011 will were not set aside because the evidence supported that Vilmos likely exercised independent judgment when they were executed. Assets are to be held according to the 18 November 2011…
22 Jul 2022

BRAND v DOUGLAS [2022] NZHC 1769

Citation

[2022] NZHC 1769
Court

High Court

Court found the will breached the testator's moral duty by making no provision for his son despite the son's contributions and periods of close relationship; however the estate was modest, the son had no pressing financial need and the testator intended to assist grandchildren, so a modest award of $6,000 was necessary and sufficient to repair the breach without defeating the testator's testamentary intent.
12 Jul 2022

STEINBAUER v STEINBAUER (Application for stay of execution of judgment) [2022] NZHC 1644 [12 July 2022]

Citation

[2022] NZHC 1644
Court

High Court

The court granted a limited stay for two months because, while the appellant's health and relocation difficulties justified temporary relief, the appeal showed little prospect of success and continued occupation prejudiced the respondent and third parties (executor duties and beneficiaries); balance of convenience therefore favoured a short conditional stay rather than full enforcement suspension.