Re Morgan (deceased)

Kerina Jayne Strauss applied for letters of administration with the will of her deceased father, Leslie Alfred Morgan. Leslie died on 22 February 2025, leaving a will dated 13 January 1971, which appointed Perpetual Trustee Company Limited as the executor. Doreen Jane Morse Morgan, Leslie's widow and sole beneficiary, renounced administration on 23 March 2025, as did Leslie's son, Bradley Dene Morgan. Kerina, Leslie's other child, applied for letters of administration with the will annexed. The court needed to decide whether the application should proceed without an oral hearing and, if so, whether Kerina should be granted letters of administration with the will.

The court considered that the application could proceed without an oral hearing, as both Doreen and Bradley had consented to Kerina administering the estate, and there was no suggestion that either wished to be heard. The court found that the factual substratum of the application was not contentious, and the legal principles were well settled. Thus, it was appropriate to deal with the application without oral hearing. Regarding the grant of letters of administration, Rule 603 of the Uniform Civil Procedure Rules 1999 prescribed the priority for letters of administration with the will. The court found that the priority of persons to whom the court may grant letters of administration with the will was as follows: a trustee of the residuary estate; a life tenant of any part of the residuary estate; a remainderman of any part of the residuary estate; another residuary beneficiary; a person otherwise entitled to all or part of the residuary estate, by full or partial intestacy; a specific or pecuniary legatee; a creditor or person who has acquired the entire beneficial interest under the will; and anyone else the court may appoint. The court found that the trustee of the residuary estate had renounced administration, and Doreen, the sole beneficiary, had also renounced administration. Bradley had also renounced administration, leaving Kerina as the person who should be granted administration of the estate.

The court found that there was nothing apparent which would disentitle Kerina to a grant of administration. The quality of the material and submissions filed in support of the application demonstrated her capacity to act as executor, and she should be appointed. The court made the following orders: 1. Pursuant to r 489(1) of the Uniform Civil Procedure Rules 1999, this application is to proceed without an oral hearing. 2. Subject to the formal requirements of the Registrar, letters of administration with the will for the estate of Leslie Alfred Morgan (deceased) be granted to the applicant Kerina Jayne Strauss as administrator.