Estate of Crowley

[2019] NZHC 1000

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2018-404-2864

[2019] NZHC 1000

IN THE MATTER	of the Estate of LORNE ANTHONY CROWLEY
AND IN THE MATTER	of an application for Probate in Solemn form by the applicants MICHELLE VANESSA ALMA CROWLEY and ANTONIA JOSEPHINE ADA CROWLEY

Hearing:	On the papers
Counsel:	R J Connell for the Applicants
Judgment:	8 May 2019

JUDGMENT OF MUIR J

This judgment was delivered by me on Wednesday 8 May 2019 at 3.45 pm pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date:…………………………

Solicitors:

Connell & Connell, Auckland.

Estate of Crowley application for probate [2019] NZHC 1000 [8 May 2019]

[1]    In their substantive proceedings the applicants, who are daughters of the deceased Lorne Anthony Crowley, late of Auckland, seek Probate in Solemn Form of his will dated 7 August 2018. This will was signed by him while he was a patient in Auckland Hospital’s Frazer McDonald Psychiatric Unit. Subject to Coroner’s findings Mr Crowley’s death, approximately two months later, was as a result of suicide.

[2]    By his will of 7 August 2018 he left all of his assets to the applicants. An earlier will, dated 21 December 2017 had left a substantial portion thereof to a woman with whom he had been in a relationship. Application for Probate in Solemn Form is necessary to establish Mr Crowley’s testamentary capacity at the time of the second will.

[3]    The former beneficiary has been served with the application but has taken no steps. The application has therefore been set down for formal proof on 19 June 2019.

[4]    The matter before me on the papers is an application to appoint a temporary administrator pending hearing of the application by way of formal proof. The reasons for doing so are identified in the affidavit of Ms V A Crowley, dated 3 May 2019. In particular there is a requirement to meet urgent debts of the Estate (including liabilities under a vehicle hire purchase agreement). More significantly counsel for the applicant wishes to obtain the assistance of Dr Jane Casey,  a psychogeriatrician  to  analyse Mr Crowley’s medical records in order to provide an opinion re capacity in the context of the forthcoming proceedings. Dr Casey advises that she is unable to inspect the medical records and give advice until she has written consent from someone with authority to access such records. As no administrator is yet in place that authority is not possible.

[5]    Significantly, although the former beneficiary of the Estate has taken no steps in relation to the application for Probate in Solemn Form her solicitors earlier indicated that they would consent to the appointment of Mr Colin James Lucas, a partner of Sellar Bone & Partners, Lawyers, as a temporary administrator for the purposes indicated.

[6]    I have sighted both a consent from Mr Lucas to act as temporary administrator and a draft order limiting the terms of his engagement to those indicated.

[7]I am satisfied that such orders are appropriate.

Result

[8]I make orders in the following terms:

(a)Colin James Lucas of Auckland, Solicitor, is appointed temporary administrator of the estate of Lorne Anthony Crowley deceased to enable him:

(i)To instruct Dr Jane Casey, psychogeriatrician on behalf of the Estate;

(ii)To operate the bank accounts of the deceased and payment towards outstanding debts of the Estate from available funds;

(b)Colin James Lucas is to take only those steps necessary to preserve the Estate of the deceased on an interim basis pending determination of the application for Probate in Solemn Form of the deceased’s Will of 7 August 2018:

(c)If appropriate, the 2012 Ford Ranger, registration number KPL732, may be sold and UDC Finance repaid the outstanding monies secured on the vehicle.

(d)If any matters arise which Colin James Lucas has concerns as to what steps (if any) he should take, leave is reserved for him to seek directions of the Court.

[9]I further order that the costs of this application are to be met by the Estate.

Muir J