19 Jul 2016
ROPATI v ROPATI AND JOSEPH ROPATI [2016] NZHC 1642
- Citation
- [2016] NZHC 1642
- Court
- High Court
On construction of the Addendum and surrounding facts the court concluded the parties intended the priority payments as expressed: the reference to "$10,000 each" in clause 3(a) was not shown to be a drafting mistake to be corrected to $5,000 each; the $39,347.67 paid by Peter is repayable (either as part of the $40,000 refurbishment advance in cl 1/3(b) or, alternatively, as a debt recoverable under cl 6 of the will). Accordingly the executors were authorised to pay the identified priority sums from estate funds and to meet their legal costs from the estate; costs between the parties were ap…
- Directions to trustees
- Payment of priority sums from estate
- Interpretation of deed and addendum
- Executor duties and disclosure to beneficiaries
- Costs orders