Lindwall

[2017] NZHC 214

IN THE HIGH COURT OF NEW ZEALAND

AUCKLAND REGISTRY

CIV 2016-404-003089

[2017] NZHC 214

IN THE MATTER

of the Estate of the late SUSAN

KATHLEEN CHADWICK, Deceased

AND

IN THE MATTER

of an application by MARIE LINDWALL, JILL ELIZABETH RAPSON, ALAN GRAHAME

Applicants

Hearing:	15 February 2017
Appearances:	A G Stuart for Applicants
Judgment:	21 February 2017

JUDGMENT OF PALMER J

This judgment is delivered by me on 21 February 2017 at 2 pm pursuant to r 11.5 of the High Court Rules.

.....................................................

Registrar / Deputy Registrar

Solicitors:

Webster Malcolm Law, Auckland

LINDWALL & ORS [2017] NZHC 214 [21 February 2017]

[1]                 Ms Susan Kathleen Chadwick died on 5 December 2012. Her final will, dated 20 July 2012, appointed Ms Marie Lindwall, Ms Jill Rapson and Mr Alan Stuart the executors of the estate. Ms Chadwick had no partner or children and was apparently estranged from, or not close to, her siblings. The will left a 5/60th share of 60% of the balance of the estate, after expenses, to be distributed to Maria Golashova.

[2]                 There is affidavit evidence that the executors and their advisers have made extensive efforts to locate Ms Golashova but have not been successful. None of the other beneficiaries have direct knowledge of Ms Golashova who Ms Chadwick appears to have met somewhere overseas, perhaps in London or China. In the years leading up to her return to New Zealand, Ms Chadwich lived in London but is thought to have lived either on the street or in squatter accommodation.

[3]                 A letter has been sent to an address of Ms Golashova in Russia, mentioned in the will. Enquiries were made in London due to a 2011 British bank statement in the name of Maria Kubalova. Further enquiries were made in Russia to follow up discovery of unsent greeting cards addressed to Maria Gotlashova in Russia and a diary entry mentioning a Russian address for “Maria and Demetrius”. Enquiries were made in Shanghai because one of the executors thought Ms Chadwick may have met Ms Golashova in China. A New Zealand private investigator has made enquiries in the United Kingdom, China and Russia. A Chinese private investigator has also been employed to make enquiries in China. No leads have been uncovered.

[4]                 The balance of the estate left  to  be  distributed  is  $76,897.96  including  Ms Golashova’s share and accrued interest. $3,576, not including legal costs, has been expended to date in trying to locate her.

[5]                 I consider the executors have done all that was required of them and have made all reasonable enquiries to locate Ms Golashova.

[6]                 I grant the direction for which the executors apply under ss 66 and 76 of the Trustees Act 1956 to:

(a)dispense with further searches and investigation of the whereabouts of Ms Golashova;

(b)dispense with service on Ms Golashova; and

(c)include Ms Golashova’s share of the estate with the residue to be distributed to the remaining beneficiaries in accordance with the terms of the will.

Palmer J