The Person Appointed in the Will Not Yet an “Executor": Possible Problems Before Probate Granted
- Who is entitled to apply for a grant of probate?
- What factors may prevent the appointee from assuming the office of executor?
- Intermeddling and its implications: what constitutes “acceptance” of the office of executor?
- How does the appointee renounce the right to probate?
- What to do when the appointee fails to apply for probate or renounce the role
Presented by Sonja Clapham, Barrister, Shortland Chambers
Description
Attend and earn 0.5 CPD hour
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
Learning Objectives:
- Identify risks when executors act before probate is granted
- Understand rights, renunciations, and intermeddling issues
Chair
Surendra Bennett, Senior Associate, Martelli McKegg
Presenters
Sonja Clapham, Barrister, Shortland Chambers
Sonja Clapham is a barrister practising from Shortland Chambers, Auckland. She specializes in advice and litigation regarding deceased estates including Probate, administration, challenges to wills, and disputes concerning deceased estates. She has presented a number of papers in the past including to seminars and conferences for the Auckland District Law Society Inc. and the New Zealand Bar Association.
Surendra Bennett, Senior Associate, Martelli McKegg
Surendra Bennett is a Senior Associate with Martelli McKegg and specialises in both Relationship and Family Disputes as well as Trust and Estate Disputes. Surendra’s compassionate approach and extensive experience make her a strong advocate for her clients. She ensures that every client understands their legal rights, and chooses the channels – including mediation and negotiation – that will help them reach the best possible outcome. As Senior Associate in our Litigation team with a focus on family law, Surendra handles complex issues around relationship property, separation, custody and spousal maintenance, and represents clients in both the Family Court and the High Court.
