Estate of Beaver

[2017] NZHC 241

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2017-404-224 [2017] NZHC 241

IN THE MATTER

of an application pursuant to s 76 Trustee

Act 1956

AND

IN THE MATTER

of the Estate of NEIL WILLIAM BEAVER

PATRICIA DIANE WARDILL and DAVID ROBERT PASLEY Applicants

Hearing:	On the papers
Appearances:	D Pasley for Applicants
Judgment:	23 February 2017

JUDGMENT OF LANG J

[on application for orders in relation to distribution of estate]

This judgment was delivered by me on 23 February 2017 at 11 am, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date……………

In the estate of BEAVER [2017] NZHC 241 [23 February 2017]

[1]      Neil William Beaver died in Fiji on or about 26 December 2014.  He left a will dated 3 November 2010 in which he directed that his residuary estate was to be divided into two equal parts.  The first part was to be distributed to his then de-facto partner Filomena Taina and to her children in the event that she did not survive him. The balance of the residuary estate was to be divided between such of Mr Beaver’s three children as survived him.

[2]      The executors of Mr Beaver’s will have now obtained probate in both New Zealand and Fiji and have realised all of Mr Beaver’s assets.  This has resulted in the estate receiving a total sum of approximately $120,000 less expenses.

[3]      The executors have not yet been able to locate Ms Taina notwithstanding advertisements they have placed in the Fiji Times newspaper and enquiries they have made regarding her whereabouts through a firm of solicitors in Fiji.

[4]      The executors of Mr Beaver’s will now seek an order authorising them to distribute Mr Beaver’s entire estate between his three children in equal shares. Alternatively, they seek an order that Ms Taina’s share of the estate be debited with the costs the executors have incurred in attempting to locate her and the balance thereafter remaining be held on trust.

[5]      I consider it is too early at this stage to authorise the distribution of Ms Taina’s one-half share of the estate to the three children of the deceased.  I therefore make orders in terms of the alternative application advanced by the executors.  In the event that Ms Taina has not come forward by 31 December 2017, the executors should  renew  their  application.    In  the  meantime,  the  executors  should  place quarterly advertisements in a daily Fiji newspaper seeking to establish contact with

Ms Taina.

Lang J

Solicitors:

Wardill Pasley Law, Auckland