SUCCESSION — Administration of estate — Application for family provision order by plaintiff — Application for interim distribution of plaintiff’s share of residue or interim provision under Succession Act 2006 s 62 — Relevant considerations — Application refused on both bases
Quick Take
1An interim distribution from residue in the court's administrative jurisdiction turns on whether funds will not be needed for administration, not on the personal financial circumstances of the applicant beneficiary; where pending family provision claims and costs create unacceptable risk, executors are justified in withholding distribution.
2Under Succession Act 2006 s 62(1), the court must be positively satisfied that the final order would provide no less than the proposed interim order; where the applicant's family provision claim may fail entirely and residuary entitlement may be consumed by debts and costs, that threshold is not met.
3Where executors distribute estate property without following the public notice procedure under Probate and Administration Act 1898 s 92 and Succession Act 2006 s 93, the distribution is valid but occurs at the executors' risk; the property may still need to be made available for administration expenses or designated as notional estate under s 79.
