26 Feb 2014
KINNEY v PARDINGTON [2014] NZHC 289
- Citation
- [2014] NZHC 289
- Court
- High Court
There are circumstances in which previously jointly owned property that has passed to surviving joint owners can form part of the deceased's estate, but s 4(3) PRA does not itself retain or return jointly held assets to the estate; other provisions of the PRA (notably ss 88 and 25) may operate to bring such assets into the estate, and trustees seeking orders under s 25 require leave under s 88(2) which will be granted only where refusal would cause serious injustice.