21 Dec 2020
WANG v LU [2020] NZCA 673
- Citation
- [2020] NZCA 673
- Court
- Court of Appeal
The appeal was allowed because, absent the Court's concerns about service, the oral amendment to include an express order for Part 6 administration should have been permitted; statutory scheme shows Part 6 requires a decision whether to administer an estate under Part 6 and separately who should be appointed, and where no administrator exists service will ordinarily be on the person named by the testator (eg appointed executor), with unnamed creditors or beneficiaries not necessarily prejudiced by the grant of Part 6 administration.