New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

High court rules (rule 650)
  • 23 Apr 2007

    HALL HC DUN CIV 2005-412-879

    Citation
    openlaw-8f4e3144_718f_42f0_bf51_52642d44cecd.pdf
    Court
    High Court

    The court held that there is no objection to combining an application to recall probate with an application for a new grant or letters of administration in the same motion, provided the applications operate sequentially in practice (the recall must be granted before any new grant can be made); accordingly the court granted recall of probate and letters of administration to the applicant because the will had been revoked by marriage and the original grant was mistakenly made.