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1. AB v IJ, OBO and EF LCRO 203/2014 (29 August 2016) [pdf, 312 KB]

   ...by way of a letter from Ms [AB]5 in which she sought the following information about administration of the Estate:  a copy of the will.  whether [TF] had instructed a solicitor in the administration of the Estate.  whether a grant of probate was being sought.  a list of the assets of the Estate; and  what steps had been taken to realise the assets of the Estate. [15] Prior to sending that letter Ms [MN] had been corresponding with insurance companies and other fi...

2. LCRO 245/2014 and 156/2015 TM v BS and Law Firm A (15 August 2017) [pdf, 146 KB]

   ...and arise out of the same facts. This decision relates to both applications. Background [2] Mr TM’s mother died in March 2003. Mrs TM appointed her two daughters executors of her will. [3] Mr TM lodged a caveat against the issue of probate. He also applied to the High Court to revoke the appointment of his sister V as executor and for the 2 appointment of a temporary administrator.1 BS advises that Mr TM also sought revocation of a power of attorney granted by his...

3. Cook v Department of Corrections [2023] NZHRRT 21 [pdf, 218 KB]

   ...caused her distress. That same day the Court granted Ms Cook bail, requiring her to attend Court on 27 June 2019 in respect of the Department’s Application. [17] On Sunday 16 June 2019 Ms Cook’s lawyer sent the following request to Ms Cook’s probation officer, Ms Malifa: Please provide copies of all Ms Cook’s IOMS notes, any emails, memos or handwritten notes that may exist from the commencement of her HD sentence to the current date. 3 Doc 3 Tennet bundle. 4 K...

4. Wanikau-Chapman - Ngatiamaahuroa No. 5 and Others (2022) 246 Taitokerau MB 291 (246 TTK 291) [pdf, 226 KB]

   ...seeking an order declaring an unsigned draft will to be a valid will. On 21 June 2017, Ms Palmer then lodged a caveat in the High Court at Wellington pursuant to s 60 of the Administration Act 1969 to prevent Ms Wanikau-Chapman from applying for probate and distributing the estate in accordance with the will. [8] The parties agreed to resolve matters relating to the disposition of Ms Ratahi’s estate by entering into a Deed of Family Arrangement dated 5 December 2019 (“the...

5. Wanikau-Chapman - Ngatiamaahuroa No.5 (2022) 246 Taitokerau MB 291 (246 TTK 291) [pdf, 232 KB]

   ...seeking an order declaring an unsigned draft will to be a valid will. On 21 June 2017, Ms Palmer then lodged a caveat in the High Court at Wellington pursuant to s 60 of the Administration Act 1969 to prevent Ms Wanikau-Chapman from applying for probate and distributing the estate in accordance with the will. [8] The parties agreed to resolve matters relating to the disposition of Ms Ratahi’s estate by entering into a Deed of Family Arrangement dated 5 December 2019 (“the...

6. Hemara - Estate of Marion Gloria Puke [2015] Chief Judge's MB 611 (2015 CJ 611) [pdf, 358 KB]

   ...brothers all agreed to go ahead with the application to succeed to our mother’s estate, even though a Will existed which was known to all of us”. [3] The Applicant also claims that she has been adversely affected as the Will has now been probated. Background [4] The Case Manager’s Report and Recommendation dated 14 April 2015 sets out the background to the application. The report is reproduced in full as follows: REPORT AND RECOMMENDATION Introduction 1. This a...

7. Pine - Estate of Waina Nicholson (2017) 58 Takitimu MB 123 (58 TKT 123) [pdf, 273 KB]

   ...interests should be vested in her siblings with substitution of issue. [3] Debbie Peters is the daughter of the deceased’s sister, Mary Tawhai. Ms Peters produced a Will executed by Waina Nicholson on 16 December 2006. There has been no grant of probate and the Will is signed by one of the two witnesses. The residue of the deceased’s estate is to go to Ms Peters solely. [4] The application was last heard at Hastings on 9 November 2016, after which I reserved my decision. 1...

8. LCRO 68/2016 ZA v YB (23 May 2019) [pdf, 202 KB]

   ...which the legal services would be provided and, if so, whether Mr YB breached his professional obligations under Rules 3.4 and 3.5 of the RCCC or any other enactment; • Whether Mr YB was generally incompetent in respect of an application to obtain probate following Mr XC’s passing and whether he failed to provide Mrs ZA and her siblings with clear information and advice and, if so, whether Mr YB breached his professional obligations under the RCCC or any other enactment; • Wheth...

9. Paki - Te Matai Kawana Whanau Trust (2004) 140 Aotea MB 290 (140 AOT 290) [pdf, 1 MB]

   ...Accom x 2 1 147 147 Ex Palmerston North Wanganui 10 20 200 Ex South Island (Mawhera) Nelson 1 14 14 Westport 1 11 11 Hokitika 1 33 33 Christchurch 1 30 30 Picton 1 60 60 Ferry to Picton 1 99 99 Ferry to Wellington 1 211 211 LEGAL COSTS Probate 1 500 500 Court Fees 2/11/00 1 122 122 Court Fees 9/5/96 1 122 122 Court Fees 6/9/00 1 61 61 Court Fees 2/11/00 1 61 61 Court Fees 2111/00 1 61 61 Court Fees 2/8/01 1 61 61 Court Fees 2/8/01 1 122 122 OPERATING COSTS Administratio...

10. LCRO 7/2024 SO v EJ and QJ (30 July 2025) [pdf, 272 KB]

    ...Mrs EJ’s husband died in April 2020. He appointed the firm of ‘[Law firm 1]’1 to be executors and trustee of his will, and expressed the wish that only one of the partners of the firm be appointed. Mr SO was the partner nominated to apply for Probate and be appointed as the executor of Mr HJ’s will. 1 Last will and testament of HJ (30 July 2007) at paragraph 2(a). 2 [3] Mrs EJ and Ms QJ were the beneficiaries of Mr HJ’s estate. [4] At the time of Mr HJ’s death...