Harvey v Harvey

[2022] NZHC 956

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV 2020-404-002531

[2022] NZHC 956

UNDER

the Administration Act 1969

IN THE MATTER OF

an application for letters of administration

BETWEEN

SHANNON MAREE HARVEY

Applicant

AND

JATUPORN HARVEY

Respondent

Hearing:

On the papers

Counsel:

J B Murray for the Applicant

G J Thwaite for the Respondent

Judgment:

6 May 2022

JUDGMENT OF VAN BOHEMEN J

[ordering letters of administration]

This judgment was delivered by me 06 May 2022 at 3.00pm Pursuant to Rule 11.5 of the High Court Rules

…………………………

Registrar/Deputy Registrar

Solicitors/Counsel:

Vallant Hooker & Partners, Auckland Gregory J Thwaite, Auckland

HARVEY v HARVEY [ordering letters of administration] [2022] NZHC 956 [6 May 2022]

[1]    In this judgment, I order that Ms Tara Wratten of Auckland, solicitor, be appointed administrator of the will dated 19 November 2014 (the Will) of Graham Trevor Harvey.

Background

[2]Graham Harvey died in Auckland on 28 March 2020.

[3]    In the Will, Graham Harvey appointed Dawn Wong of Auckland, retiree, executrix and trustee of the Will and directed that his residuary estate be held on trust for his wife, Jatuporn Harvey.

[4]    By notice dated 14 July 2020, Shannon Harvey and Kelly-Ann Harvey, Graham Harvey’s daughters, lodged a caveat against the grant of probate of the Will.

[5]    By notice dated 23 November 2020, Dawn Wong renounced her right and title to probate and execution of the Will.

[6]    By notice dated 2 December 2020, Jatuporn Harvey lodged a caveat against the grant of probate of the Will.

[7]    By application dated 22 December 2022, Shannon Harvey applied that Robert Maurice Harvey, Graham Harvey’s brother, be appointed administrator of the Will. Jatuporn Harvey opposed the application.

[8]    In my judgment dated 14 July 2021, I dismissed Shannon Harvey’s application and directed counsel for Shannon Harvey and Jatuporn Harvey to confer and advise the Court on whether the parties agreed on the appointment of an administrator of the Will.1

[9]    By joint memorandum dated 3 September 2021, counsel advised that Shannon Harvey and Jatuporn Harvey proposed that Ms Tara Wratten be appointed administrator of the Will.

[10]   In my judgment dated 10 September 2021, I ordered that, subject to production of the original or best available copy of the Will, and subject to the filing and serving of an affidavit as set out in Form PR 2 of sch 1 of the High Court Rules 2016, the Court would appoint Ms Wratten to administer the Will.2

Current application

[11]   By application dated 21 February 2022, Ms Wratten applies for letters of administration with will annexed.

[12]   The application is accompanied by an affidavit affirmed on 17 February 2022 by Ms Wratten. The affidavit is in accordance with Form PR 2 of sch 1 of the High Court Rules 2016, adjusted for the circumstances of the case. The Will is annexed to the affidavit.

[13]   An affidavit of death, sworn on 3 February 2022, by Jatuporn Harvey has also been filed in accordance with Form PR 2. A certified copy of Graham Harvey’s death certificate is annexed to the affidavit of death.

[14]   The caveats lodged by Shannon Harvey, Kelly-Ann Harvey and Jatuporn Harvey have either lapsed in accordance with s 60(2) of the Administration Act 1969 or have been discharged by my judgment of 14 July 2021 and the caveators’ consent to the application to appoint Ms Wratten.

Order

[15]   Accordingly, I order that Ms Tara Wratten be appointed administrator of the will dated 19 November 2014 of Graham Trevor Harvey and direct the Registrar to issue the Letters of Administration with Will Annexed.

G J van Bohemen J