In re Estate of Kimireva Robert [2010] CKHC 33; Probate 02 of 2007 (10 December 2010)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(IN PROBATE)

PROBATE NO. 2/2007

IN THE MATTER of the Estate of KIMIREVA ROBERT

AND

IN THE MATTER of an application by ELEIZER ROBERT
Applicant

Hearing: 9 December 2010

Counsel: Mr T Arnold for Applicant

Judgment: 10 December 2010

JUDGMENT OF GRICE J
[Application for directions by Executors]

Tim Arnold PC, Solicitor, Rarotonga

[1] The Applicant Executor is attempting to complete the execution of her father's Will. Apparently there is some dispute in the family as to the correct way forward. The matter came before Justice Hugh Williams on 11 November 201s Minute succinctly sets sets out the background.

[2] Essentially Mrs Robert's employer, hercitorcitor Mr Arnold, holds the f $52,4822,482.61 in his trust account to apply towards "the ongoing repair and maintenancell houses and land ... in the Cook Islands, but in particular the family home and land in M in Mangaia" (para 8(iii)(b) of the Will of the Deceased dated 19 August&#004). Probate of thof that Will was granted to the Applicant and Tunaunau Robert on 7 March&#160. They have complcomplied with the terms of the Will and now are faced with a stalemate as the family disagrees on how to procee>
[3] There is no dispute that the property that needs the ongoing maintenance and repd repair provided for in the Will is the family home in Mangaia.

[4] The Executors have obtained quotes for the repairs and maintenance to the house, but there is disagreement between the children and widow of the Deceased – the residuary beneficiaries – as to whether the funds held should be used towards repair and maintenance of the Mangaia house or should be dealt with in a different way, including payment to the residuary beneficiaries.

[5] Justice Hugh Williams' Minute, which outlined the issues that would be coming before the Court for directions today, has been served on the residuary beneficiaries in terms of his direction. The residuary beneficiaries have taken no steps in this application.

[6] I am satisfied that it is appropriate to issue the directions sought under s 77 of tustee Act.


[7] I direct that:

1. The residuary funds, subject to the payment of any other costs and administration expenses properly chargeable on the Estate, be used for the ongoing repair and maintenance of the family home in Mangaia.
   
2. That a statement verified by affidavit of that expenditure be filed in this Court and a copy of that affidavit and statement be served on the residuary beneficiaries.
   

100. Leave is reserved for any further directions on 21 days' notice.
     

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[8] The exact form of the Order will be in terms of the Draft Order approved by the Court to be filed by the Applicant.

[9] Mr Arnold didseek any Order aser as to costs.

[10] No Order shall issue until the affidavit of service relating to service on the residuary beneficiaries has been placed on the Court file.

C>C Grice J