Judge consider proper approach under s 21 of the Administration Act
Upon the executors’ attempt to bring an originating application via a without-notice interlocutory application, the New Zealand High Court discharged one executor and permitted the three remaining executors to keep serving in their role.
By a 9 March 2026 without notice interlocutory application, the executors in the matter of Estate of Bennison [2026] NZHC 2148 sought to discharge one of four executors of the deceased’s estate through an originating application.
The executors sought interlocutory and substantive orders by consent.
Upon considering the appropriate approach to applications under s 21 of the Administration Act 1969 and the affidavits provided in this matter, the High Court found it expedient to discharge one executor and to allow the rest of the executors to continue fulfilling their role.
Despite the lack of notice, the High Court decided to deal with the executors’ application because requiring them to obtain notice would unduly delay the matter or prejudice them, and because proceeding without notice would serve the interests of justice.
In reaching this conclusion, the court emphasised that the parties had consented to the requested orders.
The High Court ruled that allowing the executors to bring the present proceeding through an originating application would serve the interests of justice because the substantive application fell under the exceptional kind of case that would permit this originating application procedure.
In reaching this conclusion, the court explained that:
Here are some other recent High Court decisions involving estate law.
The High Court of New Zealand made a 9 July 2026 decision awarding costs to a testator’s half-brother, who was the most successful party in the estate proceedings, given that he obtained two investment properties based on his testamentary promises claim.
In an estate dispute between siblings, the High Court issued an 8 July 2026 order for a brother to vacate and give up possession of the property where he was residing to his sister as administrator of their late father’s estate.
The High Court made a 26 February 2026 decision deeming a 2001 formal will revoked and declaring a 2018 handwritten diary note – cancelling all prior wills and stating the testator’s wishes for cremation, funeral expenses, and estate distribution – as his last will.
Enjoy this story? Read the latest litigation and dispute resolution news on the main page!
