John Rogers was ordered to pay $228,500 to his late wife’s estate after the High Court found he tried to defeat estate claims made by her children from an earlier relationship when he gave away proceeds from selling the Te Kauwhata family home: $100,000 given to a Michelle Ryder and the rest to his business, Portage Plumbing Ltd.
Shirley Anne Rogers died in 2013. She had been married to John for a decade. He was named as executor of her will and sole beneficiary. The High Court was told John took no steps to get probate. He just dealt informally with all her assets. Three of Mrs Rogers children from an earlier relationship signalled they would be making a Family Protection Act claim against her estate. Getting no useful information from their stepfather, they had the Public Trust appointed to take control. The High Court was told attempts by lawyers acting for Mrs Rogers’ three children were actively obstructed by Michelle Ryder when trying to get information about the Kopuku Road sale. Lawyers later identified the proceeds had gone to Ms Ryder personally and to Mr Roger’s business. Justice Powell ruled these payments were made for the purpose of defeating the stepchildren’s Family Protection claim.
To recover funds, the Public Trust made a Property Relationship Act claim on behalf of the estate. Mr Rogers did not appear in court to defend this claim. Justice Powell ruled the total value of the Rogers’ relationship property at the time of Mrs Roger’s death in 2013 was $457,069: being the equity in their Kopuku Road home and the value of his company, Portage Plumbing Ltd. Mrs Rogers estate was entitled to half: $228,500. Ms Ryder and Portage Plumbing were ordered to repay the money wrongfully received. Mr Rogers is personally liable to make up the balance to ensure his late wife’s estate receives the full $228,500.
Companies Office records show Mr Rogers now lives in Taupo.
re Estate Shirley Anne Rogers – High Court (12.10.18)
18.199