Stewart v Harrold

[2019] NZHC 2706

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2019-409-502

[2019] NZHC 2706

IN THE MATTER OF

the Estate of WAYNE STEPHEN HARROLD Deceased

AND

Section 14 of the Wills Act 2007

BETWEEN

SASANI JENNY STEWART

Applicant

AND

MICHELLE BETH HARROLD and

VICTORIA JANE CROSFIE as executors and trustees

Respondents

Hearing:

22 October 2019 (On the papers)

Counsel:

M I S Phillipps for the Applicant

J L Stanton and S P Rennie for the Respondents

Judgment:

22 October 2019

JUDGMENT OF ASSOCIATE JUDGE LESTER

(Consent Judgment as to appointment of Administrators ad colligenda bona)

This judgment was delivered by me on 22 October 2019 at 3.00pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar 22 October 2019

STEWART v HARROLD [2019] NZHC 2706 [22 October 2019]

[1]                 The immediate background to this consent judgment is set out in my Minute of 7 October 2019 where I recorded that this proceeding concerns an application under the Wills Act 2007 to validate an unsigned Will. The respondents are the executors and trustees named in the last signed Will of Wayne Stephen Harrold deceased.

[2]                 Both counsel sought that the substantive matter be afforded some urgency due to the fact that one of the properties owned by the deceased is subject to a mortgage and even allowing for the funds held in the deceased’s bank account and the rental from the properties, there are insufficient funds to cover ongoing outgoings including mortgage payments.

[3]                 In my Minute of 7 October 2019, I invited counsel to consider the appointment of an administrator ad colligenda bona and invited an application for the appointment of such an interim administrator to be made by memorandum if the parties could agree the terms.

[4]                 Counsel have taken up that invitation and filed a joint memorandum (dated 17 October 2019) agreeing the appointment of two solicitors as interim administrators.

[5]                 I was prepared to deal with the matter informally to avoid unnecessary costs and if the parties consented to the appointment.

[6]                 Accordingly, given the consent and given the circumstances called for the appointment of an interim administrator, the following orders are made:

(a)James Emmanuel Galt and Nancy Jean Burroughs, solicitors, are appointed jointly and severally as Administrators ad colligenda bona, such a grant being limited to securing the assets of the Estate, including the sale of real property if that is required, paying the debts of the Estate, and holding any balance undistributed pending a grant of probate being made;

(b)The reasonable fees of Mr Galt and Ms Burroughs are to be met from the Estate.

Associate Judge Lester

Solicitors:

Vicki Ammundsen Trust Law Limited, Auckland Rhodes & Co, Christchurch