New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Executor's year

Legal area

Court

27 May 2019

HOEBERECHTS (nee SPROTT) v SPROTT [2019] NZHC 1236

Citation

[2019] NZHC 1236
Court

High Court

The application to strike out was dismissed because the plaintiff's pleading of an ongoing breach with a specified start date range (end of executor's year or alternatively spring 2016) was sufficiently particular to enable the defendant to prepare a defence, and the pleading that a finance condition be satisfied within a reasonable time was adequate; the defendant was not unduly embarrassed such as to warrant strike out.
6 Aug 2007

R M LEWIS AND P R LEWIS V A J VINCENT AND ORS HC AK CIV 2006-404-2312

Citation

openlaw-b6d3c626_100a_4d39_9966_b24d19e80235.pdf
Court

High Court

Administration Act s39 gives a legatee a right to simple interest on a pecuniary legacy from the expiry of twelve months after death unless the will provides otherwise; the Court has discretion as to the rate and may set the rate to reflect actual interest earned where justice requires; service of a s75 notice and expiry of the notice period do not bar the statutory entitlement to interest; there was no appropriation in this case and the executor's year was not extended.