Estate of Sheard

[2022] NZHC 2140

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2022-485-610240

[2022] NZHC 2140

UNDER

of Section 7 Administration Act 1969

IN THE ESTATE

of BARRY JAMES SHEARD

BETWEEN

PAUL FRANCIS McCORMICK

Applicant

Hearing:	On the papers
Appearances:	T J Twomey for Applicant
Judgment:	25 August 2022

JUDGMENT OF DUNNINGHAM J

This judgment was delivered by me on 25 August 2022 at 4 pm, pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

RE BARRY JAMES SHEARD [2022] NZHC 2140 [25 August 2022]

[1]    Barry James Sheard (the deceased) died at Christchurch on 27 June 2022. An application for grant of probate was filed on 6 July 2022. However, a grant of administration cannot be made as a caveat against the grant has been lodged by the deceased’s son, David James Sheard, who claims an interest in the estate.

[2]    Prior to his death, the deceased entered into an unconditional contract for sale of his home. Completion of settlement cannot proceed due to the caveat preventing administration of the estate.

[3]    This originating application has been lodged by the executor seeking appointment of the Public Trust as temporary administrator, together with an application for permission to file the originating application. The primary purpose of the appointment is to enable settlement of the agreement for sale and purchase.

[4]    The Public Trust has agreed to being appointed as temporary administrator and the caveator consents to the application.

[5]    In the circumstances, I am satisfied it is appropriate to appoint the Public Trust as temporary administrator, in particular, to ensure settlement of the sale of the deceased’s home can be completed. I therefore making the following orders:

(a)permitting the proceeding to be commenced by originating application under HCR 19.5(2);

(b)appointing the Public Trust at Christchurch as temporary administrator of the will of Barry James Sheard of Christchurch, Retired (deceased) dated 11 September 2019 upon the following terms:

(i)to complete settlement of the sale of the deceased’s property at 63 Perry Street, Christchurch, pursuant to a memorandum of contract dated 22 June 2022;

(ii)authorising the Public Trust to pay all debts, funeral and testamentary expenses and to hold the balance of the sale proceeds in trust, pending final distribution of the Estate by

agreement of the beneficiaries named in the will or by order of the Court;

(iii)that the Public Trust is entitled to charge fees for services relating to (i) and (ii) pursuant to s 122 Public Trust Act 2001 and s 7(2) Administration Act 1969;

(c)that the applicant’s costs of and incidental to the application be paid out of the estate.

Solicitors:
Purnell Creighton, Christchurch