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Re Tinkler - [1990] 1 NZLR 621

$30.00

High Court Wellington
16 August; 15 December 1989
Ellis J
Wills — Probate — Application for probate by executor domiciled overseas — Will limited to New Zealand estate — Testatrix died in Canada and had made a separate will for her Canadian estate — At date of application, executor named in New Zealand will was domiciled in Australia — Whether overseas domicile of named executor was a special circumstance to refuse grant — Whether probate should be granted to the son or to an attorney in New Zealand appointed by him — Whether suitable proof of the whole of the estate, wherever situated, should be disclosed in the application for probate — Whether a true copy of the Canadian will, authenticated by affidavit, should be filed in New Zealand — High Court Rules, RR 647 and 655 — Administration Act 1969, ss 5 and 6.

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