Estate of Te Ahu Ahu

[2022] NZHC 3434

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

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

CIV-2022-488-91

[2022] NZHC 3434

IN THE MATTER

of s 6 Administration Act 1969

AND

IN THE MATTER

of the Estate of RUI HETA TE AHU AHU also known a LOU HETA TANA Deceased

Judgment:

(On the papers)

15 December 2022

JUDGMENT OF BREWER J

This judgment was delivered by me on 15 December 2022 at 2 pm pursuant to Rule 11.5 High Court Rules.

Registrar/Deputy Registrar

Solicitors:

Richard Mark (Kerikeri) for Applicant

Estate of Te Ahu Ahu [2022] NZHC 3434 [15 December 2022]

[1]    Mr Rui Heta Te Ahu Ahu died on 5 April 2017. He left a Will. In it he appointed his son, Charles Tana, and his brother, Ho Heta Te Ahu Ahu, as his executors and trustees.

[2]    The Will, by operation of a codicil, provided for the estate’s main asset, a house, to go to the deceased’s son, Louis Tana, and to Mr Louis Tana’s daughter, Katerina Tamehana, as tenants in common  in  equal  shares.  The  residue goes  to Mr Charles Tana and Mr Louis Tana equally.

[3]    Mr Charles Tana renounced his executorship and commenced proceedings against the estate pursuant to the Family Protection Act 1955. Those proceedings have been completed and in the memorandum of counsel I am advised that Mr Charles Tana was awarded the sum of $90,000 in addition to his half-share of the residuary estate.

[4]    Mr Ho Heta Te Ahu Ahu died before the proceedings brought by Mr Charles Tana were determined. Accordingly, the estate no longer has an executor. Probate has not yet been granted.

[5]    Reverend Diana Anne Tana, the niece of the deceased, has filed an originating application for an order pursuant to s 6(2) of the Administration Act 1969 appointing her as executor of the estate. In her affidavit in support of the originating application, Reverend Tana deposes that she has been asked by Mr Charles Tana and Mr Louis Tana to accept appointment as executor of the estate and that she has agreed to do so.

[6]    Reverend Tana also applies for directions as to service. The application is to the effect that Mr Charles  Tana,  Mr  Louis  Tana,  Ms  Katerina  Tamehana  and Ms Ngarita Hatch (the deceased’s other granddaughter) should be served.

[7]I am of the view that no-one needs to be served with the originating application.

[8]    Reverend Tana is not a beneficiary of the estate. She has agreed, out of family duty, to act as executor of her late uncle’s estate.

[9]    I accept that Mr Charles Tana and Mr Louis Tana have asked Reverend Tana to take on this role. There can be no objection by Katerina Tamehana and Ngarita Hatch to the appointment.

[10]   The estate is an extremely modest one and it is not in the interests of the beneficiaries for unnecessary litigation steps to be taken.

[11]Accordingly, I make the following orders:

(a)Service of the originating application is dispensed with.

(b)The originating application is granted and I appoint Reverend Diana Anne Tana as executor of the estate of Rui Heta Te Ahu Ahu (also known as Lou Heta Tana).

(c)The actual and reasonable costs of the application, and the application for directions as to service, may be paid from the assets of the estate.

Brewer J