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.