New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Executor neglect

Legal area

Court

8 Nov 2022

HENSHAW v HENSHAW [2022] NZHC 2920

Citation

[2022] NZHC 2920
Court

High Court

Because the named executor neglected to apply for probate for 11 years, failed to respond to correspondence and court orders, and the applicants (the testator's three children) have equal priority under r 27.26, the Court exercised its discretion to grant letters of administration with will annexed to the plaintiff, conditional on production of the original will if found.
8 Aug 2017

ARMSTRONG v WARDLE-VAUGHAN [2017] NZHC 1862

Citation

[2017] NZHC 1862
Court

High Court

Because the co-executor neglected or refused to prove or renounce the will within the statutory three-month period, service of the order nisi was proved and the respondent did not appear, the court exercised its power under s19 to grant probate to the applicant alone.