Described as holding other beneficiaries to ransom, Gregory Mulholland was removed as administrator of his late mother’s estate and ordered to vacate her Auckland home where he had been living rent free.
Jocelyn Mulholland died in 2020 leaving her net estate to her three children. She owned a property at Rathmar Drive, Manurewa. Son Gregory lived with her for the six years prior to her death. He then stayed on at Rathmar Drive, rent free refusing to leave. The High Court was told a Heartland Bank reverse mortgage had been taken out over Rathmar Drive years earlier, with interest currently at 5.95 per cent compounding monthly being added to the balance owing. Terms of the reverse mortgage require repayment on Mrs Mulholland’s death.
Gregory and sister Catherine were appointed estate administrators. Gregory refused to budge from the property, saying he wanted to buy it. Delays were caused by Catherine’s failure to itemise chattels taken from the property, he claims.
Gregory’s claims about chattels were of no moment, Justice Gordon ruled. There was evidence that Gregory helped box up their mother’s personal effects and knew which items had gone into storage and which had been distributed between the children.
Gregory was ordered to leave Rathmar Drive within two months. He had no legal right to stay in occupation. He was removed as administrator of the estate. Failing to progress sale of Rathmar Drive was a breach of his obligations as administrator, Justice Gordon ruled. Evidence was given that Rathmar has a current online valuation of $935,000, with Heartland Bank owed some $74,000.
Ridley v. Mulholland – High Court (12.05.22)
22.085