23 Mar 2015
TOD v TOD [2015] NZHC 528
- Citation
- [2015] 3 NZLR 397
- Court
- High Court
The Court held that a personal representative does not have an entitlement to challenge a s 21 agreement via s 88(2) of the PRA (and in any event there was no realistic prospect of establishing the serious injustice required to set aside the s 21 agreement), therefore it was not expedient to remove the defendant as executrix; instead the Court appointed an additional administrator to protect the estate's capital.