Grant of administration empowered her to pay her late father’s debts
In an estate dispute between siblings, the New Zealand High Court ordered the brother to vacate and give up possession of the property where he was residing to his sister as administrator of the estate of their late father.
Manukau v Manukau [2026] NZHC 1961 revolved around the estate of a man who passed away without a will on 23 September 2008, survived by seven adult children, including the parties.
The estate’s only asset was real property on Stewart Street, Helensville, Rodney, which incurred substantial unpaid rates after the death. Sometime after his father’s passing, the defendant began living at the property.
After informing her siblings of her plan to do so, the plaintiff received an appointment as estate administrator on 14 March 2019. The appointment explicitly empowered her to pay the debts her father owed, as far as the estate extended.
After the transfer of the property to her, the plaintiff sold it, with the settlement to follow an inspection with vacant possession by 24 July 2026.
On 24 February 2026, the plaintiff formally demanded that the defendant vacate the real property.
On behalf of the defendant and the other “living siblings,” an entity describing itself as “Manukau Maori Trust Inc” disputed the plaintiff’s authority to act as administrator or to sell the property.
The plaintiff asked the court for summary judgment on her vacant possession claim. In his defence, the defendant alleged that the plaintiff lacked her siblings’ “mandate or approval” to deal with the estate.
Finding no defence to the plaintiff’s claim, the High Court of New Zealand directed the defendant to vacate and give up possession of the real property to her as estate administrator.
The court pointed out that anybody seeking to contest the intended administrator’s entitlement could do so during the proceeding for the grant of letters of administration, which required the court to consider the rights of everyone interested in the estate, including the siblings.
Upon the plaintiff’s appointment through the grant of letters of administration, the court noted that the estate vested in her from the date of death. Given that there was no will, the court ruled that the plaintiff had the same rights, duties, and liabilities as her father had, including:
According to the court, even if the defendant had filed evidence to support that the plaintiff lacked her siblings’ consent, such evidence could not serve as a defence to her demand.
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