Estate of Roberts

[2023] NZHC 1794

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE

CIV-2023-488-62

[2023] NZHC 1794

UNDER

the Administration Act 1969

AND

IN THE MATTER

of an application by Max James Roberts of Awanui, Administrator, for directions concerning the distribution of the estate of Linley Jean Roberts, deceased

Judgment:

(On the papers)

10 July 2023

JUDGMENT OF BREWER J

This judgment was delivered by me on 10 July 2023 at 3.30 pm pursuant to Rule 11.5 High Court Rules.

Registrar/Deputy Registrar

Solicitors:
Richard Mark (Kerikeri) for Applicant

ESTATE OF ROBERTS [2023] NZHC 1794 [10 July 2023]

[1]                 Mr Max James Roberts has letters of administration of intestacy in the estate of his late mother, Mrs Linley Jean Roberts, issued on 19 February 2020.

[2]                 Mr Roberts now applies without notice for leave to commence a proceeding by originating application and for directions as to service.

[3]                 The memorandum of Mr Mark, as counsel, and Mr Roberts’s affidavit, tell me that an issue has arisen affecting the distribution of Mrs Roberts’s estate. Mr Roberts, as administrator, seeks directions from the Court as to how the estate is to be distributed.

[4]                 In brief, Mr Roberts says that in 1990 the late Mrs Roberts transferred property to her daughter, Sylvia, on condition that this would extinguish any claim by Sylvia to any other part of Mrs Roberts’s estate. Sylvia has died. Apparently, Sylvia’s daughter, Valrina Lynne Brown, does not accept there was such an agreement.

[5]                 I will grant the application to commence the proceeding by originating application. I note, however, that the originating application procedure is not suited to a case where wide ranging evidence will have to be called and where issues of credibility arise. It might be, in due course, that a statement of claim will have to be filed.

[6]                 As to the without notice application for directions as to service, the suggestion is that service should be effected on Mrs Roberts’s surviving children and on the children of Mrs Robert’s two deceased children. Given that they are the parties who have an interest in the estate pursuant to the Administration Act 1969, I think the application is sensible.

Decision

[7]Leave to commence the proceeding by originating application is granted.

[8]                 The without notice application for directions as to service is granted. The proceeding must be served on the people named in paragraph 2 of the application.

[9]Costs are reserved.

Brewer J