Estate of Hankinson

[2023] NZHC 861

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2022-485-611363

[2023] NZHC 861

IN THE ESTATE

of EDWARD ASHLEY HANKINSON

Deceased

Judgment:

(On the papers)

20 April 2023

JUDGMENT OF BREWER J

This judgment was delivered by me on 20 April 2023 at 3 pm pursuant to Rule 11.5 High Court Rules.

Registrar/Deputy Registrar

Solicitors:
WRMK Lawyers (Whangarei)

IN THE ESTATE OF HANKINSON [2023] NZHC 861 [20 April 2023]

[1]                 On 20 October 2022, Ms Brittain filed an application without notice for obtaining a grant of letters of administration with will annexed in relation to the estate of Mr Edward Ashley Hankinson.

[2]                 The background is that Mr Hankinson died in South Africa on or about 30 June 2021. At that time his place of residence was in New Zealand.

[3]                 The executor named in the will renounced her right and title to probate and execution of the will by way of deed of renunciation.

[4]                 Ms Brittain was the business partner of the deceased and one of the trustees of the trust named in his will as the sole residuary beneficiary.

[5]                 The other beneficiaries named in the will either consented to, or filed no opposition to, the application.

[6]                 However, one of the beneficiaries, Ms Jane Elizabeth Hankinson, lodged a caveat against the application for letters of administration.

[7]                 Ms Brittain then filed an application without notice for an order nisi for the grant of letters of administration with will annexed.

[8]                 On 22 March 2023, the Registrar granted the order nisi and ordered that unless Ms Hankinson as caveator showed cause to the High Court at a sitting scheduled for 9 am on Friday, 21 April 2023 why the order should not be made absolute, letters of administration with will annexed would be granted to Ms Brittain.

[9]                 I  now  have  a  joint  memorandum  of  Ms  Hankinson  as  caveator  and   Mr Easterbrook as counsel for Ms Brittain dated 19 April 2023.

[10]              Ms Hankinson no longer opposes the grant of letters of administration to    Ms Brittain. She withdrew her caveat by notice dated 17 April 2023.

[11]              In these circumstances, and having read the affidavits filed by Ms Brittain, I am satisfied that she should be granted letters of administration with will annexed. I

make an order accordingly. The letters of administration with will annexed filed as part of the application are to be sealed by the registry.

[12]              Ms Brittain’s actual and reasonable costs in obtaining the letters of administration are to be borne by Mr Hankinson’s estate.

Brewer J