Estate of Ratana

[2016] NZHC 911

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2016-485-604973 [2016] NZHC 911

IN THE ESTATE OF         HAPERE HAMISH RATANA (also known as HAPETA HAMISH PITIMOU MATIU RATANA, also known as PETER RATANA)

Deceased

Hearing:	On the papers
Counsel:	C D Bennett for Applicant
Judgment:	5 May 2016

JUDGMENT OF WILLIAMS J

[1]      Rawinia Hiria Bradbury applies for her an order that her father’s will be

produced.

[2]      Ms Bradbury is the daughter of the deceased and one of the three named executors of his will.  The other two executors named are Diane Margaretta Ratana and Matiu Ratana.   Dianne is the deceased’s ex-wife, whose appointment is void pursuant  to  s 19  of  the  Wills Act.    Matiu  is  his  son.    The  deceased  died  on

9 December 2014.

[3]      The will is held by Graham Takarangi, a solicitor in Whanganui.  He has been instructed by Matiu to act in relation to the will.

[4]      Relationships have broken down between the parties.  Ms Bradbury says that Matiu and Mr Takarangi have been excluding her from communications regarding the  estate.     She  wants  to  progress  the  estate  administration,  but  says  that Mr Takarangi refuses to take instructions from her.  Rather, he has been instructed by Matiu and Diane, even though she is no longer an executor due to the dissolution of

marriage.

Estate of H H Ratana [2016] NZHC 911 [5 May 2016]

[5]      Ms Bradbury’s solicitors have repeatedly written to Mr Takarangi without any response, leading to a complaint to the Law Society.   Mr Takarangi is now refusing to take any further action on the will, because he has not been paid. He also refuses to hand over the will to Ms Bradbury’s solicitors, on the basis that Matiu has instructed him not to.  He says that he is not permitted to hand over the file without instructions from Matiu.  It also appears that Mr Takarangi has not heard from Matiu for several months.

[6]      As such, there is an impasse where Ms Bradbury cannot apply for probate without a copy of the will, and Mr Takarangi cannot take further steps in the matter without instructions from Mr Ratana, who he has not heard from.

[7]      Accordingly, it is appropriate for me to make an order pursuant to s 54 of the

Administration Act 1969.  I make that order in the following terms:

(a)       That the original will of Hapere Hamish Ratana of Whanganui dated

24 July 2002, be produced to the Registry of the High Court situated at Wellington, by Graham Harper Takarangi of Graham Takarangi & Co, Solicitors, of Aotea Chambers, 19 Ridgway Street, Whanganui.

(b)That the original will be produced as ordered within seven working days from the day on which Graham Harper Takarangi is served with

a copy of this order.

Williams J

Solicitors:

Langley Twigg, Napier