Estate of Bowler

[2024] NZHC 3192

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2023-485-610480 [2024] NZHC 3192

IN THE ESTATE

of GLENN RONALD WAYNE BOWLER

ANASTASIA SHEREE BOWLER

Applicant

Hearing:	On the papers
Appearances:	P A Brown for Applicant
Judgment:	31 October 2024

JUDGMENT OF McHERRON J

[1]                   Glenn Bowler died on 8 April 2023, leaving three children Caroline, Anastasia and Aaron. Anastasia Bowler has brought the present application under s 21 of the Administration Act 1969 for removal of the administrator of Mr Bowler’s estate, Alan Deane, and the  replacement  of  Mr  Deane  by  Perpetual  Trust  Ltd.  Anastasia Bowler also seeks an order that Perpetual Trust Ltd’s reasonable costs and expenses be paid from the estate.

[2]                   The background to this application is that Anastasia Bowler applied for recall of the grant of probate of Mr Bowler’s will in the Hamilton High Court under proceeding number CIV-2024-419-52 on the ground that Mr Bowler lacked testamentary capacity to make his final will. The parties to that dispute have resolved it and have entered into a deed of settlement dated 7 October 2024.

[3]                   In the meantime, Mr Deane has decided that he wishes to be discharged as administrator. Mr Deane and the three children of the late Mr Bowler have agreed to Perpetual Trust Ltd replacing Mr Deane. Perpetual Trust Ltd has consented to its

ESTATE OF BOWLER [2024] NZHC 3192 [31 October 2024]

appointment to that position on the condition that its reasonable costs and expenses associated with the administration of the estate are paid out of the estate. An order is necessary for this purpose as Mr Bowler’s will does not include a clause permitting an executor or administrator to be paid for their services.

[4]                   Counsel for Anastasia Bowler advises that once orders are obtained for the discharge and replacement of the administrator, the parties will apply for consent orders from the High Court at Hamilton and that, following implementation of the terms of the settlement to which they have agreed, the proceeding will be discontinued.

[5]                   Having considered the application, memorandum and affidavits filed, including consents of all relevant parties, I am satisfied that it is appropriate to make the orders that are sought and, accordingly, I order, by consent:

(a)Alan William Deane of Preece Point, Coromandel, builder, the executor named in the will of Glenn Ronald Wayne Bowler and to whom probate was granted by the High Court on 3 August 2023, is discharged from the office of administrator;

(b)Perpetual Trust Ltd is appointed administrator of the estate of Glenn Ronald Wayne Bowler in Mr Deane’s place; and

(c)all the reasonable costs and expenses incurred by Perpetual Trust Ltd in the course of the administration of the estate of Glenn Ronald Wayne Bowler are to be paid out of the estate.

McHerron J

Solicitors:
Russell McVeagh, Auckland for Applicant