Irvine v Public Trustee - [1989] 1 NZLR 67

Matrimonial property — Right of action against surviving spouse — Whether, after the coming into force of the 1976 Act, the personal representative of a deceased spouse may bring an action under the Matrimonial Property Act 1963 against the surviving spouse — Matrimonial Property Act 1976, ss 5 and 57.

Executors and administrators — Duties of executor — Executor brought proceedings against sole beneficiary under will claiming that beneficiary held property wholly or in part as trustee for deceased — Whether duty of executor was to be even-handed between all beneficiaries and potential beneficiaries — Whether executor should bring or lend his name to litigation which may reasonably be seen to indicate that he is not impartial — Observations as to proper procedure to adopt.