New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Section 19 administration act 1969

Legal area

Court

2 Feb 2023

ESTATE OF A J WEST [2023] NZHC 69

Citation

[2023] NZHC 69
Court

High Court

Though probate was not obtained within three months, the executors had not refused to prove the Will and the explanations for delay were plausible; mere delay without more does not satisfy s 19 and the executors subsequently applied for probate, so the jurisdictional requirements of s 19 were not met and the nisi application was dismissed.
26 Sept 2012

Estate of Andrews HC HAM CIV-2012-419-000677

Citation

openlaw-5057977f_6e20_4ee5_881a_25ef6dacbaea.pdf
Court

High Court

On the evidence the named executor Raymond Andrews had neglected or refused to take the steps required of him, was an undischarged bankrupt with a potential conflict of interest, and accordingly the Court, pursuant to s 19 Administration Act 1969, granted probate to the applicants to the exclusion of Raymond Andrews.