New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Removal of administrator under s 21 administration act 1969
  • 26 May 2020

    MCKELLOW v DOMNEY AND ANOR [2020] NZHC 1118

    Citation
    [2020] NZHC 1118
    Court
    High Court

    Application dismissed because the executors were properly administering the estate by protecting the deceased's testamentary promise (life tenancy) to the father; there was no material prejudice to beneficiaries from delay and no sufficient conflict of interest to warrant removal; expedience favored retaining the current executors and a replacement tenancy or sole appointment of the applicant did not provide adequate protection for the life tenant.

    • Removal of administrator under s 21 administration act 1969
    • Life tenancy / testamentary promise
    • Conflict of interest of executors
    • Vesting orders and distribution of residue
    • Replacement tenancy security