Estate of Fowler

[2018] NZHC 2581

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2018-485-609011 [2018] NZHC 2581

INTHE ESTATE              of HARLEY JAMES FOWLER of Auckland, New Zealand, Engineer, Deceased

On the papers

Counsel:	C Morgan
Date:	2 October 2018

JUDGMENT OF GRICE J

(Setting aside notice of choice of option under s 61 of the Relationship

(Property) Act 1976)

[1]      Mrs Fowler has made a without notice interlocutory application to set aside her notice of choice of option made under s 61 of the Relationship (Property) Act 1976.

[2]      Mr Fowler died in Thailand about 23 May 2018.  Mr and Mrs Fowler have a daughter who is now two and half years of age.  Mrs Fowler filed a notice of choice of option under the Relationship (Property) Act 1976 on 3 July 2018.

[3]      It has since been discovered that the choice that Mrs Fowler took in that notice was made in error.  There are a number of contributing circumstances, however, I am satisfied that the choice of option was done in error and that error was not picked up by  the  certifying  solicitor  when  advising  Mrs Fowler  as  the  surviving  spouse. Mrs Fowler  had  wanted  to  ensure  that  she  could  secure  a  grant  of  letters  of administration of the estate of her husband.  I am satisfied that the choice of options should be set aside and do so accordingly.

Grice J

IN THE ESTATE OF HARLEY JAMES FOWLER [2018] NZHC 2581 [2 October 2018]

Solicitors:

Lunn & Associates, Napier