Public Trust - [2025] NZHC 938

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

I TE KŌTI MATUA O AOTEAROA TE PAPAIOEA ROHE

CIV-2025-454-000037

[2025] NZHC 938

UNDER Part 19 and Part 27 of the High Court Rules 2016

IN THE MATTER OF

an originating application by PUBLIC TRUST, of Wellington, an autonomous Crown entity established under the Public Trust Act 2001, as executor of the estate of William Edward Stanley Robinson, for a grant of probate in solemn form

On the papers:

Appearances:

G M Cairns for Applicant

Judgment:

16 April 2025

JUDGMENT OF GRAU J

Introduction

[1] On 3 April 2025, the Public Trust filed an originating application seeking a grant of probate in solemn form in respect of the will of Mr William Edward Stanley Robinson (the deceased) dated 1 December 2006 (the Will).

[2] Alongside that application, the Public Trust filed three accompanying without notice applications, namely for leave to commence a proceeding by originating application, directions as to service, and for the appointment of the Public Trust as temporary administrator of the deceased’s estate.

[3] The application for appointment as a temporary administrator is said to be urgent, for the reasons outlined below.

PUBLIC TRUST [2025] NZHC 938 [16 April 2025]

Background

[4] The Will provided for the appointment of the Public Trust as executor and trustee of the estate of the deceased, and for the establishment of a life interest trust in the deceased’s home and its income for the deceased’s wife, Betty Margaret Robinson (Betty). The residuary estate (excluding the home) was also to pass on to Betty. The Will stated that at the end of that life interest trust for Betty, the house was to be sold and the proceeds divided between the deceased’s three children in equal shares.

[5] The deceased passed away on or around 31 March 2013, and was survived by Betty and the children.

[6] In May 2013, the Public Trust filed an election to administer the deceased’s estate.1 At the time of this election, the estate’s assets were a 50 per cent interest in the property at 18 Hereford Street, Levin (the Levin Property), owned as tenants in common in equal shares with Betty, and a cash reserve of approximately $12,276.86. The various estate expenses included funeral costs and Public Trust fees. The estate property in total had an estimated value of $90,000 in 2013.

[7]The Public Trust distributed the net residuary estate, which amounted to

$3,434.07, to Betty during the executor’s year.

[8] In July 2024, Betty passed away, meaning her life interest in the Levin Property expired. Betty’s last will also appointed the Public Trust as executor and trustee for her estate, and for her estate to be divided equally between the children.

[9] The Public Trust, separately as executor of Betty’s estate and as executor of the deceased’s estate) marketed the Levin Property for sale, and on 4 December 2024 entered into an unconditional agreement for sale and purchase (ASAP) with settlement scheduled for 16 January 2025.

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: Public Trust [2025] NZHC 938
Case: [2025] NZHC 938
Decision Date: 16 April 2025

CaseChat Overview and Summary

The Public Trust, acting as executor of the estate of William Edward Stanley Robinson, filed an originating application seeking a grant of probate in solemn form for the deceased's will dated 1 December 2006. The application was accompanied by requests for leave to commence the proceeding by originating application, for directions as to service, and for the appointment of the Public Trust as temporary administrator of the deceased's estate. The key legal issues were whether the conditions for appointing a temporary administrator were met, whether leave should be granted to commence the application as an originating application, and whether the application and order for temporary administration should be served on a without notice basis.

The Court found that the conditions for appointing a temporary administrator were met, as there was a legal proceeding concerning the validity of the will, interim administration was necessary to manage the estate pending the resolution of the proceeding, and the Public Trust was suitably qualified to act as administrator. However, the costs of the application for temporary administration were ordered to be borne by the Public Trust, as the withdrawal of the election to administer appeared to be the Trust's fault. The Court also found that it was in the interests of justice for the proceeding to be commenced by way of originating application, given the modest size of the estate and the narrow issue at hand. Finally, the Court found that the directions as to service and the without notice basis for appointing the temporary administrator were appropriate.

The Court made the following orders: leave was granted for the application for probate in solemn form to commence as an originating application; the Public Trust was appointed as temporary administrator of the estate of William Edward Stanley Robinson; the application for probate in solemn form was to be served on the beneficiaries named in the will and the Public Trust in its capacity as executor of Betty's estate; the order appointing the Public Trust as temporary administrator was made on a without notice basis; and the costs and disbursements incurred in respect of the application for appointment as temporary administration were payable by the Public Trust.

Orders