Turner v Forsyth - [2022] NZHC 1590

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE

CIV-2022-412-7

[2022] NZHC 1590

UNDER the Administration Act 1969

IN THE MATTER

of the Estate of Jeremy Anthony Ruddle

BETWEEN

JESSIE SARAH TURNER

Plaintiff

AND

MICHELLE FORSYTH

First Defendant

NICOLE ELIZABETH ECKHOFF

Second Defendant

Hearing: (Determined on the papers)

Counsel:

M Wallace and K L MacLean for Plaintiff W G Todd for First Defendant

J Beck for Second Defendant

Judgment:

5 July 2022

JUDGMENT OF ASSOCIATE JUDGE LESTER

(Consent Judgment)

TURNER v FORSYTH [2022] NZHC 1590 [5 July 2022]

[1] In this proceeding the plaintiff seeks orders for administration in respect of the Estate of Jeremy Anthony Ruddle who died on 18 July 2021 leaving no Will. The plaintiff claims to have been the de facto partner of the deceased at the time of his death and she is also the mother of one of his children who is a minor.

[2] The first defendant is the deceased’s estranged mother who opposes the claim on the basis that she asserts the plaintiff was not the de facto partner of the deceased.

[3] The deceased had another child who is also a minor and that child’s mother is the second defendant and who also opposes the plaintiff’s claim.

[4] Accordingly, the primary issue for determination is whether the plaintiff was the de facto partner of the deceased at the time of his death.

[5] Meanwhile, it has not been possible for matters to be progressed in relation to the estate in the absence of an administrator.

[6] The parties, by consent, seek the appointment of a temporary administrator under s 7 of the Administration Act 1969. That section provides:

7 Administration pending legal proceedings

(1)Where any legal proceedings touching the validity of the will of a deceased person, or for obtaining, recalling, or revoking any grant of administration, are pending, the court may grant administration of the estate of the deceased to a temporary administrator, who shall, until he or she is discharged or removed under section 21, have all the rights and powers of a general administrator, other than the right of distributing the balance of the estate remaining after payment of debts, funeral and testamentary expenses, duties, and fees, and every such temporary administrator shall be subject to the immediate control of the court and act under its direction.

(2)The court may, out of the estate of the deceased, grant to a temporary administrator appointed under this section such reasonable remuneration as the court thinks fit.

[7] Whata J in Re Estate of McCue in considering a s 7 application proceeded on the basis that:1

1 Re Estate of McCue [2015] NZHC 1271 at [11].

(a)There must be a legal proceeding touching the validity of the Will of a deceased person or the grant of administration – that is the case here.

(b)It must be necessary to grant an order for interim administration in order to preserve and to manage the assets…

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.

Continue reading Turner v Forsyth

Details

AGLC: Turner v Forsyth [2022] NZHC 1590
Case: [2022] NZHC 1590
Decision Date: 5 July 2022

CaseChat Overview and Summary

The High Court of New Zealand in Dunedin Registry heard the case of Turner v Forsyth, where Jessie Sarah Turner sought orders for administration of the estate of Jeremy Anthony Ruddle who died intestate. Turner claimed to have been Ruddle’s de facto partner at the time of his death and is also the mother of his minor child. Ruddle’s estranged mother, Michelle Forsyth, and the mother of his other minor child, Nicole Elizabeth Eckhoff, opposed Turner’s claim, asserting that she was not Ruddle’s de facto partner. The primary issue was whether Turner was Ruddle’s de facto partner at the time of his death.

The court had to decide whether Turner was entitled to be appointed as the administrator of Ruddle’s estate. The court also needed to determine whether the appointment of a temporary administrator was necessary to manage and preserve the estate pending the resolution of the proceedings. The court had to assess whether the proposed appointee, Gerard Decourcy, was suitably qualified to act as the temporary administrator.

Associate Judge Lester found that there was a legal proceeding touching the validity of Ruddle’s will and the grant of administration. The court held that it was necessary to grant an order for interim administration to manage and control the assets and liabilities of Ruddle’s estate, as it was uncertain who had access to his building and there were potentially other assets and tax liabilities to be addressed. The court accepted that Decourcy was suitably qualified to act as the temporary administrator. The parties had agreed to Decourcy’s appointment, and the court made orders appointing him as the temporary administrator of Ruddle’s estate.

Orders