Hepburn v Albert
[2025] NZHC 1227
•19 May 2025
IN THE HIGH COURT OF NEW ZEALAND GISBORNE REGISTRY
I TE KŌTI MATUA O AOTEAROA TŪRANGANUI-A-KIWA ROHE
CIV-2024-416-8
[2025] NZHC 1227
UNDER Part 18 High Court Rules, s 21 Administration Act 1969 IN THE MATTER OF
removal of executor/trustee, appointment of independent executor
BETWEEN
CHRISTINE LUCY HEPBURN
Plaintiff
AND
ANGELA JOY ALBERT
Defendant
On the papers: Counsel:
P A Depledge for Plaintiff
Judgment:
19 May 2025
JUDGMENT OF GRAU J
[1] On 13 November 2024 following a formal proof hearing, I granted Ms Hepburn’s application to remove her and her sister, Ms Albert, as executors of the estate of their father, Robert Taane.1
[2] At that stage it had not been confirmed whether the Public Trust would consent to appointment as an independent administrator of the estate.2 Accordingly, I issued my decision as an interim judgment. I directed counsel for Ms Hepburn to identify an appropriate independent administrator, after which I indicated I would issue a final
1 Hepburn v Albert [2024] NZHC 3373.
2 Mr Depledge had advised that, although the Public Trust had previously consented to appointment, it appeared they had had a change of heart. He was confident, however, that he could convince them otherwise.
HEPBURN v ALBERT [2025] NZHC 1227 [19 May 2025]
decision removing Ms Hepburn and Ms Albert as executors and appointing a replacement.
[3] Mr Depledge has now advised the Court that Perpetual Guardian has agreed to appointment as executor of the estate and has provided a letter of engagement. I am satisfied the appointment is appropriate.
[4] Accordingly, I order that Christine Hepburn and Angela Albert are to be removed as executors of the estate of Robert Taane and Perpetual Guardian is to be appointed as replacement executor.
[5] It appears that costs remain to be determined. Mr Depledge should provide a schedule of costs and I will determine costs on the papers.
Grau J
cc: P A Depledge
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