14 Nov 2023
On the balance of probabilities the deceased had testamentary capacity when executing the will dated 4 September 2017 but lacked capacity when executing the will dated 9 February 2021; therefore the 4 September 2017 will is the last valid will and probate is granted to Fern Michele Mackenzie, with costs payable from the estate.
31 Aug 2023
The plaintiffs failed to provide adequate time records and narrative to justify the claimed fees; accordingly the court could not approve the claimed amount and instead assessed costs on the 2B scale ($20,076) and uplifted that by 50% to approximate reasonable actual costs, resulting in an award of $30,114 plus disbursements of $738.73, payable out of the estate; the court also held it was inappropriate in the context of a whānau dispute to award costs against the respondents personally.
15 Dec 2022
Because no executor remained, the applicant volunteered and was requested by beneficiaries to act, there were no objections and the estate was modest, the court exercised its discretion under s 6(2) to appoint Reverend Diana Anne Tana as executor, dispensed with service as unnecessary, and ordered costs of the applications may be paid from the estate.
15 Mar 2019
The court removed the administrator because the respondent was not taking necessary steps to preserve or realize the estate's principal asset, creating mortgage arrears and a real risk of enforcement; vesting the property in the continuing trustees was necessary and appropriate to facilitate vacation and sale to discharge the mortgage and protect beneficiaries; the applicant demonstrated intention and ability to administer the estate and costs of the application were properly charged to the estate.
25 Mar 2015
The defendant's failure to act until the hearing did not meet the threshold in r 14.6(4) to justify indemnity costs against him personally; because the litigation benefited the estate and an executor may recover administration expenses from the estate, costs of $10,234.82 are to be paid from the estate and any further costs will form part of administration.
22 Mar 2011
The proceedings achieved their object and the applicant's litigation conduct did not disentitle him to costs; therefore the court ordered payment of the applicant's actual costs and disbursements up to discontinuance. Claims for indemnity for professional charges could not be determined on the papers and were reserved for determination by consent or at a substantive hearing.