Lane v Goldson - [2025] 2 NZLR 336

Administration of Estates — Failure to prove will — Requires obligation to seek probate — Three months — Discretion — Principles for removal of executors — Duty to see estates properly administered — Fact dependent discretion — Testators wishes considered — Ultimate question interest of beneficiaries — Hostility relevant if prejudice interest of beneficiaries — Administration Act 1969 ss 19 and 21.

Administration of estates — Applicant seeks proceeding to enlarge estate — Leave required — Must establish refusal would cause serious injustice — Not focus on shifting burden — Order nisi improperly obtained — Focus whether credible claim — Distribution of estate under $15,000 does not mean no jurisdiction to make order — Failure to bring credible claim a reason to open “closed” estate — No serious injustice established — New executor not appropriate — Administration Act 1969 s 19.