Helena Wakefield moved into the family home and cared for her mother in the last eight years of her life, then failed to carry out terms of her late mother’s will, leading to court orders removing her as an executor of the estate and evicting her from the family home in Remuera, Auckland.
Her mother, also named Helena, died in 2019. Her last will named daughter Helena and son Larry as joint executors and left a half share in her estate to each of them. The High Court was told Helena refused to co-operate with her brother. Two years later a High Court order saw her brother appointed as sole executor of their mother’s estate. Helena was ordered to pay the $21,800 legal costs incurred sorting out appointment of an executor.
Helena refused to co-operate with her brother as executor and refused to leave their late mother’s home in Dempsey Road, Remuera. In June 2021, she was given formal notice to leave in the next three months with an offer of $600 per week as an interim payment for six further months to help with alternative accommodation, these payments to be deducted from her share of their late mother’s estate.
At a subsequent High Court hearing, she was ordered to give up possession of Dempsey Road as an ‘unlawful occupier’ and further to pay an occupation rent at $575 per week from end of March 2021 to the date she vacates. Helena did not appear at the court hearing.
Wakefield v. Wakefield – High Court (6.07.21)
21.114