Disliking terms of her late mother’s will, joint executor Angela Bright set about reallocating which beneficiary would get what, causing the High Court to remove her as executor.
Her mother died in 2022, naming Angela and fellow sibling Sydney Greaves as estate executors.
Their family home at Kaitaia in Northland is the estate’s major asset. Sharing equally as beneficiaries under their mother’s 2015 will are her four adult children: Angela, Sydney, Laurie and Myrtle.
The High Court was told Angela favours their mother’s earlier 2004 will which does not name Sydney as a beneficiary. Sydney was not included as a beneficiary in the earlier will because their mother considered gifts already made to him were sufficient, Angela said.
Angela alleges Sydney connived with their mother to be added back in as a beneficiary in the later 2015 will.
In the High Court, Justice O’Gorman said there had been no formal challenge to the 2015 will.
As one of the two executors, Angela set about undermining terms of this will: allowing brother Laurie to shift into the family home rent free (to protect estate assets, she said); and refusing to have the property listed for sale (preventing Sydney from receiving his one-quarter share of the estate).
Using Trusts Act powers, Justice O’Gorman removed Angela as executor, ruling her removal was ‘necessary and desirable’ to ensure their mother’s estate was properly administered.
Brother Sydney is now the sole executor.
Greaves v. Bright – High Court (14.04.26)
26.136