Estate of Samuels v Moulder

[2022] NZHC 1259

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2020-485-611785 [2022] NZHC 1259

IN THE ESTATE OF	PATARI SAMUELS (deceased)
AND	P P Moulder Applicant

Hearing:	30 May 2022
Counsel:	K B Osborne for Applicant
Judgment:	1 June 2022

JUDGMENT OF CHURCHMAN J

[1]    Riwia Olive Watene of Gisborne (Riwia), caregiver, and Areta Tapatu of Wandong, Victoria, Australia, house manager (Areta) are daughters of the  late  Patari Samuels (the deceased).

[2]    The deceased’s Will dated 4 May 1995 appointed his wife, Areta Samuels as executor but if she did not survive him then appointed Riwia and Areta who were incorrectly named in the Will as Olive Rewia Watene and Areta Rita Tapatu.

[3]    The deceased died on or about 5 June 2020. Areta Samuels predeceased him having died on 6 March 2003.

[4]    In the affidavit to lead grant of probate, Riwia and Areta have explained why the spelling of their names in the Will of the deceased is different to their legal names.

[5]    Probate of the Will was granted by the Registrar under r 27.14 of the High Court Rules 2016 on 9 September 2020.

ESTATE OF PATARI SAMUELS v MOULDER [2022] NZHC 1259 [31 May 2022]

[6]    By application dated 25 March 2022, Pare Pollyann Moulder, a daughter of the deceased (Pare), and someone named in his Will as a beneficiary, applied to the Court for an order that Riwia and Areta, as administrators of the estate, file the following documents:

(a)an accurate inventory of the estate; and

(b)an account of the estate that–

(i)is accurate; and

(ii)states the dates and details of all receipts and disbursements; and

(iii)states which of the receipts and disbursements were on capital account and which were on revenue account.

[7]    Pare filed a supporting affidavit which details discrepancies between information provided by Riwia and Areta and other documentation in relation to payments that had been made from the estate. She also deposes that accounts that she had paid on behalf of the estate, and in respect of which she sought reimbursement, have not been paid.

[8]    The application and supporting affidavit were served on Riwia and Areta on  7 May 2022. No notice of opposition to the application has been filed.

[9]    The contents of the affidavit of the applicant satisfy me that this is an appropriate case for Riwia and Areta to provide the information requested, and accordingly I grant the application in the terms sought.

Churchman J

Solicitors:
Bramwell Bate Ltd, Hastings for Applicants