10 Aug 2023
Because there is a valid will and a surviving executor, r 27.25 did not apply and the correct application route is for probate; the partial intestacy created by the failed residuary gift is governed by r 27.35(7) and s 6(2) did not present special circumstances warranting departure from the usual grant process, so the Registrar's refusal to grant letters of administration with will annexed was correct.
16 Dec 2022
The Court granted letters of administration to the plaintiff for the intestate part of the estate relating to 8 Rochester Street (HBD2/1044) and removed the second defendant as administrator for that part because the property could not be settled in the whānau trust, the second defendant had not properly managed the property creating risk to beneficiaries, and it was expedient in the beneficiaries' interests; further directions under s133 were unnecessary at this time but leave to apply for directions was reserved.
14 Jun 2022
The will as drafted created a partial intestacy because clause 8 failed to dispose of the residuary estate on the death of the surviving spouse; s32 could not supply the intended disposition; evidence from the drafting solicitor established that the will did not give effect to the will‑maker's instructions and s31(1)(b) authorised correction of the will; the court ordered paragraph 8 replaced to effect the testator's intention that income be paid to the wife during life and the residuary capital pass to daughter Susan on the wife's death (with survivorship contingencies).
6 Sept 2018
Because the litigation originated from uncertainty in the will (a fault of the testator) and the appellants, acting as executors, had sufficient and reasonable grounds to defend the will, the Re Paterson exceptions apply and justify ordering that the fair and reasonable actual costs and disbursements of both appellants and respondent be paid by the estate; alleged negligence by an executor in a separate capacity as solicitor does not preclude this result.
28 Aug 2018
The three signed and dated documents, read together and supported by contemporaneous recorded statements, express the deceased's testamentary intentions and are therefore a valid informal will under s14; the documents created a testamentary trust vesting the trustee (Margaret) with sufficient discretionary power to administer specific bequests and to divide the residue, which the Court directs be shared equally between Margaret and Rosie.
29 Apr 2013
The Court was satisfied on the evidence of prior wills, contemporaneous instructions and internal terms of the will (clause 11) that the will as drafted did not give effect to the will‑maker's intention to gift the remainder to his surviving children with substitution for grandchildren; further, the only affected persons had consented so the without‑notice procedure was proper; accordingly the Court ordered correction under s31 to insert clauses providing distribution to surviving children and substitution to grandchildren.
18 Feb 2008
The court fixed the applicant's one-eighth share of the four specified Taupo properties at $106,500 based on the agreed valuation total of $852,000 and declined to order immediate coercive payment, instead expecting payment within 60 days and directing a process for memoranda on costs and for further orders if payment is not made.