Jones v Jones relates to matters in dispute regarding the estate of Basil Jones, in the context of a blended family. The executors of Basil Jones’ will are his surviving wife Laurel and his children from a previous relationship.
Laurel made an election to pursue a claim against Basil’s estate pursuant to the Property (Relationships) Act 1976 and the Family Protection Act 1955. The effect of these claims is to renounce her entitlement under Basil’s will.
Administration of Basil’s will has been compromised by Laurel’s extant claims and unilateral steps taken by Basil’s daughter Cindy with respect to assets included in his estate.
In the circumstances the court had no difficulty finding that all executors should be removed. However, the replacement executor or executors was problematic as although Public Trust was proposed as the replacement executor, Public Trust had not been asked to consent to the appointment. As stated at [34]:
References:
- Jones v Jones [2023] NZHC 1408
- Public Trust Act 2001, s 75
- Administration Act 1969
- Property (Relationships) Act 1976
- Family Protection Act 1955
Matters of Trust 
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