IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2017-404-960 [2017] NZHC 1928
UNDER section 21 of the Administration Act 1969,
and the High Court's inherent supervisory jurisdiction in relation to trusts
IN THE MATTER
of the Estate of Thomas James Sprott, probate of which was granted under CIV-
2014-484-8127 on 30 June 2014; the Estate of Ethel Marion Sprott, probate of which was granted under CIV-2014-484-
8126 on 30 June 2014, and the Sprott Familly Trust and the Rodleigh Family Trust
BETWEEN
LINDSAY ANNE HOEBERECHTS (NEE SPROTT)
Plaintiff
AND
ADRIAN JAMES SPROTT AND RICHARD JOHN NOWACKI Defendants
Hearing: 31 July 2017 Appearances:
V Bruton QC and P Brown for the Plaintiff
TJG Allan for the DefendantsJudgment:
14 August 2017
JUDGMENT OF WOODHOUSE J
This judgment was delivered by me on 14 August 2018 at 3:30 p.m. pursuant to r 11.5 of the High Court Rules 2016.
Registrar/Deputy Registrar
……………………………………
Counsel/Solicitors:
Ms V Bruton QC, Barrister, Auckland
Ms P Brown (plaintiff ’s instructing solicitor), Solicitors, AucklandMr TJG Allan and Mr S F Powrie, Grove Darlow & Partners, Solicitors, Auckland
HOEBERECHTS v SPROTT AND NOWACKI [2017] NZHC 1928 [14 August 2017]
[1] The plaintiff, as a beneficiary under the wills of her parents, has brought an interlocutory application to remove the defendants as executors of the wills.
[2] The application is opposed by the defendants and Alison Sprott, a beneficiary, although the defendant Richard Nowacki says that he wishes to retire for personal reasons unrelated to the plaintiff’s contentions.
[3] The plaintiff seeks further orders: (1) appointing an Auckland solicitor, William Patterson, as administrator of the estates; (2) for delivery to Mr Patterson of the assets of the estates; (3) to provide inventories and an account of receipts and disbursements for both estates; and (4) to provide information relating to two inter- vivos trusts established by the parents – the Sprott Family Trust and the Rodleigh Family Trust. These orders are also opposed by the defendants and Alison Sprott.
Background
[4] The application relates to the estates of Ethel Marion Sprott, who died in
2008, and her husband Thomas James Sprott, who died on 15 April 2014. Mr and Mrs Sprott had three children, all of whom are beneficiaries: the plaintiff Lindsay Hoeberechts, the defendant Adrian Sprott, and Alison Sprott. The application for removal is directed in substance to alleged acts and omissions of Adrian Sprott.
[5] The parties, in their affidavits and submissions, referred to the testators and to each other using given names. I will refer to the testators as Marion Sprott and Jim Sprott. I will refer to the three beneficiaries as Lindsay (the plaintiff), Adrian (the defendant executor), and Alison. I will refer to the second executor as Richard. Richard is a family friend of the Sprotts.
[6] The relevant terms of Marion Sprott’s will, and two codicils, are:
(a) She gave all of her real estate to her husband if he survived her by 14 days, as he did. The real estate was a…
Continue reading Hoeberechts v Sprott
Sign in free to access the full text
- AGLC
- Hoeberechts v Sprott [2017] NZHC 1928
- Case
- [2017] NZHC 1928
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.