Estate of Singh

[2024] NZHC 1566

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE

CIV-2024-419-000002

[2024] NZHC 1566

UNDER

The Administration Act 1969 and the Trustee Act 1956

IN THE MATTER OF

Of the Estate of Gurnam Singh

AND

IN THE MATTER OF

An Application by Harjinder Singh

BETWEEN

HARJINDER SINGH

Applicant

Hearing:

12 June 2024

Appearances:

S J Rawcliffe for the Applicant D O’Neill for Bilkar Singh

No appearance by or on behalf of remaining beneficiaries

Judgment:

14 June 2024

JUDGMENT OF POWELL J

[Removal and Replacement of Executor/Trustees]

This judgment was delivered by me on 14 June 2024 at 12.00 pm.

Pursuant to R 11.5 of the High Court Rules.

…………………..

Registrar/Deputy Registrar

THE ESTATE OF GURNAM SINGH [2024] NZHC 1566 [14 June 2024]

[1]    These proceedings were originally issued by the applicant, Harjinder Singh (“Harjinder”), as one of the two executors of the estate of Gurnam (Judd) Singh (“the deceased”) who passed away on 17 March 2021. The deceased had appointed his wife, Balbir Singh (“Balbir”) and Harjinder as executors of his estate, and probate of the Will was granted on 3 March 2022. Unfortunately, on 20 June 2023, Balbir was deemed to have lost capacity which means that the executors are effectively unable to administer the estate until such time as Balbir has been removed.

[2]    Subsequent to the filing of the application it became apparent that there were at least two claims against the estate. Given Harjinder is not a beneficiary and otherwise has no interest in the estate it has been agreed that it is, in fact, sensible to remove both executors and replace them with an independent executor/trustee in their place, and Harjinder himself is happy to step down. The proceedings were previously adjourned to see if agreement could be reached on an independent executor/trustee. Those discussions have borne fruit and the parties, as well as counsel for the other beneficiaries, including those bringing claims against the estate, consent to the removal of the current executors/trustees and their replacement by Matthew Peploe, a partner of Harkness Henry.

[3]    Having perused the file and in particular the joint memorandum of counsel seeking orders by consent dated 11 June 2024, I am satisfied that the orders should be made as have now been sought. I note Mr Peploe is from the same firm as Harjinder’s solicitor, Ms Rawcliffe. As discussed with counsel at the hearing I do not consider that this creates any issue or obstacle to Mr Peploe’s appointment given Harjinder’s interest in the proceedings will cease with his removal. I therefore make the following orders by consent:

(a)Balbir Singh and Harjinder Singh are removed as executors/trustees of the estate of Gurnam Singh;

(b)Matthew Peploe, partner at Harkness Henry, is appointed pursuant to s 21 of the Administration Act and s 114(1) of the Trusts Act 2019 as the executor and trustee of the estate of Gurnam Singh;

(c)Mr Peploe will be entitled to charge his usual hourly rate plus GST for services as administrator (including as executor and trustee) of the Estate as well as reasonable reimbursements; and

(d)Harjinder Singh’s costs of this application are to be borne by the Estate.

Powell J