Wolfgang Vogelbein’s dogged refusal to carry out terms of his late wife’s will resulted in removal as executor after claiming her estate should be managed following a ‘process control approach’ informed by his qualifications in chemistry and thermodynamics.
Maria Vogelbein died in 2022. Probate of her will was granted to three executors, required to act jointly: Mr Vogelbein plus two partners in Te Awamutu law firm Edmonds Judd.
Her estate consists of bank accounts and term deposits totalling some $200,000 together with her half share in their Kihkihi home. Their half interests are held as tenants-in-common. Maria’s half share does not pass to her widowed spouse; it remains part of her estate.
Her will gives Wolfgang a life interest in her half share, allowing him uninterrupted possession of their Kihikihi home, with her half share passing on Wolfgang’s death to her daughter from an earlier relationship.
The High Court was told lawyers at Edmonds Judd found it impossible to progress the estate.
Wolfgang did not sign documents necessary to change control of Maria’s bank accounts.
He claimed to own a three-quarter share of their Kihikihi home, rather than one half; the consequence of extra funds provided personally to renovate the property, he claimed.
He further claimed a 1989 pre-nuptial agreement signed in South Africa applied to their property rights.
He flatly refused to insure the Kihikihi property, stating he fundamentally disagrees with the concept of insurance. Later accepting the will specifically required insurance cover over his late wife’s share of the property, now held in trust, he demanded that the insurance not extend to the share he owned.
His fellow executors told the High Court it is totally impracticable to insure an undivided half interest in property.
Executors from Edmonds Judd offered to withdraw as executors, provided Mr Vogelbein was removed.
Associate Judge Sussock said it was expedient that all three executors be removed. Corporate trustee Comac Trustees Ltd was appointed in their place.
re Estate of Maria Vogelbein – High Court (17.11.25)
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