Estate of Huston

[2020] NZHC 3207

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2020-404-002359

[2020] NZHC 3207

IN THE MATTER

of the Trustee Act 1956 and the Administration Act 1969

AND

IN THE MATTER

of an application by SHIRLEY RUTH FISHER as Trustee of the Estate of Constance Huston

Applicant

Hearing:	(On the papers)
Judgment:	7 December 2020

JUDGMENT OF VENNING J

This judgment was delivered by me on 7 December 2020 at 2.15 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date……………

Solicitors:           Gascoigne Wicks, Blenheim

Re Estate of HUSTON [2020] NZHC 3207 [7 December 2020]

[1]The Registrar has referred the following applications to me as duty Judge:

(a)without notice application that proceedings may be brought as an originating application and directions as to service; and

(b)a substantive originating application for an order that property be vested in the applicant as trustee of the estate of Constance Huston.

[2]The applications are supported by an affidavit of the applicant.

[3]        In short, on 8 October 2020 an order was made discharging and removing Gloria June Lewis as executor in the will of the deceased Constance Huston and appointing the applicant, Shirley Ruth Fisher as administrator of the estate in her place. Gloria Lewis was removed because of her incapacity – that has not changed.

[4]        Unfortunately an order was not sought at the same time to vest the property owned by the estate, namely Lot 27 Deposited Plan 4815 Certificate of Title MB3B/68 Marlborough Land Registry in Ms Fisher’s name.

[5]        There is jurisdiction to make the orders sought under s 52(1)(b)(i) of the Trustee Act 1956. The authority to do so is supported by s 21(3) of the Administration Act 1969.

[6]        Having considered the matters raised in the affidavit in support the Court is satisfied that the orders sought are appropriate. If the vesting order had been sought at the same time as the original application it would have been made at that time.

[7]There will be orders accordingly:

(a)granting leave to bring the proceedings as an originating application;

(b)dispensing with service on the former trustee, Gloria June Lewis; and

(c)vesting the property of the estate, namely Lot 27 Deposited Plan 4815 Certificate of Title MB3B/68 Marlborough Land Registry in the name of the new executor trustee, Shirley Ruth Fisher.

Venning J