Hepburn v Albert

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

CaseChat Overview and Summary

Christine Lucy Hepburn and Angela Joy Albert were the executors of the estate of their late father, Robert Taane. Hepburn applied for the removal of herself and Albert as executors, and the appointment of an independent executor. The court granted Hepburn's application on an interim basis, pending the appointment of a new executor. The court subsequently received notification that Perpetual Guardian had agreed to be appointed as the new executor. The court was satisfied with this appointment and ordered the removal of Hepburn and Albert as executors, with Perpetual Guardian taking over as the new executor.

The court considered the application for the removal of Hepburn and Albert as executors and the appointment of an independent executor. It had to assess whether the new executor, Perpetual Guardian, was suitable for the role and whether the application was justified. The court had to determine if the removal of Hepburn and Albert was in the best interest of the estate and its beneficiaries.

The court found that the application for the removal of Hepburn and Albert as executors was justified, and the appointment of Perpetual Guardian as the new executor was appropriate. The court accepted that there had been issues with the administration of the estate, and the removal of Hepburn and Albert was necessary. The court also noted that Perpetual Guardian had agreed to take on the role and had provided the necessary documentation. The court ordered the removal of Hepburn and Albert as executors and the appointment of Perpetual Guardian as the new executor.

The court ordered that Christine Hepburn and Angela Albert be removed as executors of the estate of Robert Taane and that Perpetual Guardian be appointed as the replacement executor. The court directed counsel for Hepburn to provide a schedule of costs, which the court would determine on the papers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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