Gina Bedford was bequeathed a half share of her late mother’s Tokoroa home, but failed to follow up on moves to buy out the other half share. It took a court order to remove her from the property, coupled with orders that she pay rent for the period in occupation from when estate trustees asked her to pack up and leave, and reimburse the estate for ongoing mortgage payments and for any damage arising during her occupation.
She was given six weeks to vacate.
She did not contest legal action taken by estate executors.
The High Court was told Ms Bedford lived at the Papanui Street home with her mother prior to her mother’s death in 2020.
This property is the estate’s major asset; having a rateable value of some $340,000 as at May 2026. It was bequeathed in equal shares to Ms Bedford and Shane Bedford, described in the High Court as being Ms Bedford’s cousin, but treated by family as if he were a sibling.
Evidence was given of Ms Bedford refusing to engage in proposals that she buy out Shane’s half share. She ignored notice to vacate given by estate trustees.
In the High Court, Justice Andrew ruled estate trustees were entitled to possession of Papanui Street, to enable a sale with net proceeds to be divided equally between the two.
He ruled estate trustees can deduct from Ms Bedford’s half share occupation rent of $40,400 for the period she unlawfully occupied the property plus ongoing mortgage expenses paid to ANZ Bank by her mother’s estate.
Surplus cash is then to be divided equally between Ms Bedford and her five siblings as the estate’s residuary beneficiaries.
Hata v. Bedford – High Court (15.05.26)
26.160