New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Service of beneficiaries

Legal area

Court

28 Apr 2017

Estates of Haine [2017] NZHC 837

Citation

[2017] NZHC 837
Court

High Court

Leave to commence proceedings under s 21 was properly granted and on the merits the court removed John Douglas Patterson as executor of the estate of Eileen Minna Haine because a conflict of interest existed between the estates and no opposition was filed following proper service; therefore removal was appropriate to protect the administration of the estate.
17 Aug 2009

NEW ZEALAND GUARDIAN TRUST COMPANY LIMITED V NEW ZEALAND GUARDIAN TRUST COMPANY LIMITED AND ORS HC AK CIV-2009-404-003161

Citation

openlaw-9b351807_113e_43ee_a58f_5e7bd40aa011.pdf
Court

High Court

On the evidence, including affidavits of witnesses involved in preparation of the will and the lack of any opposition from served beneficiaries, the court was satisfied the deceased had testamentary capacity and there was no undue influence; therefore probate of the 9 December 2005 will should be granted in solemn form to the plaintiff and costs ordered against the estate.