Parker

Larena Joy Brown, the sister of the deceased, Christine Dellany Parker, filed an originating application in the High Court of New Zealand, Christchurch Registry, seeking to have parts of a draft will executed by Christine declared valid. She also sought to be appointed as a temporary administrator and a prospective costs order. Christine died on 6 September 2022, leaving behind two sons, Jamie and Nathaniel, who had a strained relationship. The draft will included provisions for Jamie to receive Christine's home, coin and stamp collections, and household chattels. Christine had not decided how to recognise her relationship with Nathaniel, with potential options being a car and/or dividing the residue of the estate between her sons. The court had to decide whether parts of the draft will could be declared valid, whether Ms Brown should be appointed as a temporary administrator, and whether a prospective costs order should be granted to Ms Brown.

The court concluded that the applications should be determined without notice to avoid unnecessary costs and delay. It was appropriate for Ms Brown to be appointed as a temporary administrator to preserve and manage the estate pending the resolution of the proceedings. The court also granted a prospective costs order to Ms Brown, entitling her to have her costs paid from the estate and protecting her from having to pay the costs of any other party. The court declined to make an order that any costs Ms Brown is ordered to pay to a party that contests these proceedings will be paid out of the estate, as it will be for the court to decide in due course whether any other party's costs should be paid out of the estate. The proceedings were adjourned for further call.

The court's decision was based on the need to preserve and manage the assets of the estate pending the resolution of the proceedings and the fact that Ms Brown was suitably qualified to perform the tasks of the administrator and had sworn to faithfully administer the estate. The court noted that there may be issues as to whether parts of a draft will can be declared valid where there is uncertainty over other parts of the draft will and that there may be a delay before there is agreement or Court orders as to how the whole of Christine’s estate is to be distributed. The court also noted that Ms Brown had brought these proceedings to assist the Court to determine whether parts of the draft will for the deceased should be validated and to ensure assets in the estate are adequately managed until issues between prospective parties are resolved, rather than out of self interest.