Estate of RB Walton helpfully sets out the procedure where an executor fails to obtain probate, but will not renounce or provide the original will. The relevant considerations are set out at [8] to [11] as follows:
The end result in Estate of RB Walton was the appointment of an independent administrator, this being required due to the Court’s concerns that the applicants in the matter ranked behind the recalcitrant executor who nonetheless had a higher claim to administration of the estate.
References
- Estate of RB Walton
- Tod v Tod [2015] NZCA 501
- High Court Rules 2016, s 27.25(3) and (4)
- Administration Act 1969, s 19
- Re Raewyn Berenice Walton (Minute of Isac J) HC Wellington CIV-2022-485-627,28 October 2022 at [5]
Matters of Trust 
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