21 May 2015
HISLOP v PUBLIC TRUST [2015] NZHC 1101
- Citation
- [2015] NZHC 1101
- Court
- High Court
The deceased's former interest in the jointly owned home was extinguished on death and accrued to the survivor by survivorship; until a Court makes an order under the Property (Relationships) Act ownership is governed by conventional property law, therefore the estate was a small estate and proceedings had to be commenced within 12 months of death; the Public Trust's proceedings were out of time and the Court had no jurisdiction to grant an extension because final distribution occurred before the extension application was made.