5 Sept 2023
The court was satisfied under s 19(2) of the Administration Act 1969 that it was necessary and expedient to appoint the applicant as sole executor because the co-executor failed to engage, to renounce, and took no steps after being served; accordingly probate was granted to the applicant alone and costs awarded on a 1A basis.
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.
5 Oct 2022
On the evidence presented — including prior statements of intent, a significant inter vivos gift consistent with testamentary intent, consent from interested relatives, renunciation by the named executor, absence of contrary wills or opposition, and inability to obtain the witness's evidence — the Court was satisfied on the balance of probabilities that the document dated 5 September 2017 expressed the deceased's testamentary intentions and therefore, under s 14 of the Wills Act 2007, it is to be declared the valid will.
18 Aug 2022
Because the respondent failed to apply for probate, failed to renounce executorship, was properly served with a show-cause order and did not appear or respond, the court granted probate to the applicant alone and ordered the respondent to pay costs on a 2A basis.
16 Jun 2021
Because the respondent did not appear and emailed confirmation that he must renounce his executorship for medical reasons, and two other executors had renounced, the Court exercised its discretion under the Administration Act 1969 to grant probate to the applicant alone and order costs payable by the estate.
27 Jul 2020
Because the documentary evidence, affidavits, and admissions addressed the identified concerns about the 2012 will and the parties either supported the grant or discontinued proceedings, the court was satisfied to grant probate in solemn form to Sarah Anderson and to remove the temporary administrator; costs were ordered to be paid from the estate.
12 Apr 2019
Given the defendant's imprisonment (which impedes performance), the testator's subsequent documented preference against the defendant acting, the absence of an effective alternative nominated by the parties, and the degree of animosity risking prejudice to beneficiaries, it was expedient under s21 to remove the defendant as executor and appoint an independent solicitor as sole executor to ensure impartial and professional administration of the estate.
16 Feb 2017
The Court found the matter straightforward and analogous to In re Tai, the parties had agreed the Court could determine costs on the papers, and accordingly awarded the applicants costs on a scale 1A basis.