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1. Lett - Waipu 4A3E1 (2021) 431 Aotea MB 100 (431 AOT 100) [pdf, 264 KB]

   ...assistance and accommodation with friendship over a lifetime”. [2] The interests of Mr Lett in Waipu 4A3E1 are currently held by Dennis Brown as executor of the estate of Raimapaha Rei. Raimapaha Rei left a will dated 6 December 1985 and probate was granted on 9 June 2005. Mr Brown has submitted a letter dated 1 February 2001 where, in essence, he contends that Mr Lett may not be receiving a fair value for his 431 Aotea MB 101 interest in the lands he seeks to gift to M...

2. Gray - Estate of William Robinson Hawaikirangi [2019] Chief Judge's MB 123 (2019 CJ 123) [pdf, 315 KB]

   ...deceased was my father and a child of Emily Hamoa Gray and Wiremu Pere. He died on 13 November 2015 at Christchurch. A copy of the death certificate is on file. He left a will dated 17 April 1996 and a copy is on file. It is not intended to obtain probate or a grant of administration. The deceased married Helen Susan Gray nee Himiona… Details of subsequent Orders affecting lands to which this application relates 11. There are no subsequent orders. Details of paym...

3. Hunia v Hunia - Whiritoa Rangitaiki 603B4B2 Block (2020) 247 Waiariki MB 27 (247 WAR 27) [pdf, 206 KB]

   ...132-133 [20] While I have not examined in detail the processes that would apply, on 6 February 2021, Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020 comes into force, which restores this Court’s probate jurisdiction and the ability to hear challenges to Wills where a claim concerns Māori freehold land. There may be some sense in exploring with the parties whether both sets of proceedings can be transferred by consent to this Court...

4. [2021] NZREADT 05 - Ogilvie (22 January 2021) [pdf, 232 KB]

   ...previous appeal hearing before the Tribunal, in his capacity as Ms Abel’s authorised representative. We accept that any assertion by Mr Holland could only be based on information given to him by Ms Abel, and would therefore be hearsay and of little probative value. We also accept that “historical records” as to the listing of Ms Ogilvie’s property by Sotheby’s cannot have any relevance to the issue of whether Ms Abel visited the property with Ms W while it was listed by Ms...

5. LCRO 12/2018 NH and EW v TL and [KT Law] (17 February 2020) [pdf, 102 KB]

   ...Mr TL was involved in the estate administration, which was handled by the firm on instructions from the executors. [4] According to the applicants, by 19 May 2015 all beneficiaries had received independent legal advice. [5] On 18 May 2015, probate was granted to HR, who had acted for the deceased when he was a lawyer at the firm, and Mr BE (who was the applicants’ brother in law, but is apparently also now deceased). [6] Mr NH was concerned about a looming threat to sell a f...

6. Tomlins v Bellamy - Te Kata or Wairewa 2534 (2021) 90 Takitimu MB 56 (90 TKT 56) [pdf, 247 KB]

   ...Mr Tomlins would be well minded to consider carefully whether he intends to make provision for all of his children when the time comes for him to take those decisions. [25] I also remind the parties that, on 6 February 2021, this Court had its probate jurisdiction restored. This means that, should any will be left in the future that may or may not disinherit any of Mr Tomlins’ biological children, they are then entitled to apply to this Court, rather than necessarily going to the...

7. Auckland Standards Committee 2 v Holland [2022] NZLCDT 20 (27 June 2022) [pdf, 176 KB]

   ...at complete odds with the plain terms of s 7(1)(b)(ii). Her argument, abandoned shortly before the 2022 liability hearing, that she owed no fiduciary duties to the residuary beneficiaries of the estates she was administering (one of them under Probate from the High Court), had an air of unreality about it. Her claim that the complainant had stolen relevant portions of the records was unconvincing and bizarre. (We refer to our discussion and findings in our 3 March 2022 decision.)...

8. Legal Profession Factsheet v1.2.pdf [pdf, 217 KB]

   ...prioritise matters scheduled for the day. The first JAT will get underway at 10am. Sentencing Stage Same-day Sentencing Where there is an opportunity and it is appropriate to progress a case to sentencing the same day guilt is established, Probation Officers can offer written and oral Same Day/Stand down PAC reports and On-strength reports. Same-day sentencing is also supported by Court Services for Victims and Restorative Justice providers ability to assess restorative justice...

9. LCRO 3/2017 and LCRO 148/2017 McDonnell v LA (28 June 2019) [pdf, 436 KB]

   ...partner’s will under the PRA is known as “exercising Option A”, referring to s 61 of the PRA. 12 Property (Relationships) Act 1976, s 88(2). 15 [71] In very simple terms, the executorship role under a will involves taking steps to secure Probate from the High Court and identify the estate pool. Once that has been completed, the trusteeship role involves distribution of the estate.13 [72] The duties of an executor are clear and unambiguous. An executor must administer the...

10. [2017] NZEmpC 56 Nel v ASB Bank Ltd [pdf, 179 KB]

    ... A ‘fishing’ exercise was being undertaken.  Disclosure to the extent sought by Mr Nel would be oppressive, as many documents would have marginal relevance at best, and compliance would be seriously disproportionate to their probative value. [26] Each party filed affidavits in support of their respective positions as just summarised, and this evidence will be referred to where appropriate. [27] The key dispute between the parties relates to the scale of discl...