Horan goes to court

January 6th, 2013 at 11:00 am by David Farrar

Tony Wall at SST reports:

MP has filed a High Court affidavit in which he says his political career is “in tatters” over claims he stole money from his mother, and believes the executor of her estate should be removed because he is not handling the allegations fairly as he will not listen to Horan.

It is the first time the former NZ First List MP has responded to the allegations in depth since the Sunday Star-Times broke the story in November. Horan was sacked from NZ First by leader Winston Peters, but is resisting calls to resign from Parliament, saying he has done nothing wrong.

He and his sister, Marilyn Bleackley, have jointly applied to the High Court at Tauranga to have John Buckthought, their mother Olwen Horan’s nephew, removed as executor.

Horan says in his affidavit he has “lost confidence in [Buckthought's] ability to administer the estate in an even-handed way”.

He wants the Public Trust to take over running the estate, and new forensic investigators appointed to go over his mother’s financial records.

It may not be a bad idea to have a totally independent executor.

Tags:

15 Responses to “Horan goes to court”

  1. alex Masterley (1,490 comments) says:

    This will get messy, expensive and time consuming (unless the trustee and executor consents to the application being made).
    If that happens or if opposed the application is succesful the costs of the Public Trust will chew up whatever is left of Mrs Horan’s estate!

    Vote: Thumb up 0 Thumb down 0 You need to be logged in to vote
  2. MT_Tinman (2,985 comments) says:

    As an “independant” does Horan qualify for a leaders salary?

    Vote: Thumb up 0 Thumb down 0 You need to be logged in to vote
  3. Manolo (13,341 comments) says:

    But Horan will see this move as a gamble worth of the TAB.

    Vote: Thumb up 0 Thumb down 0 You need to be logged in to vote
  4. David Farrar (1,853 comments) says:

    No he does not.

    Vote: Thumb up 0 Thumb down 0 You need to be logged in to vote
  5. Rodders (1,790 comments) says:

    Did Horan take legal advice from Winston?

    Vote: Thumb up 0 Thumb down 0 You need to be logged in to vote
  6. duggledog (1,343 comments) says:

    He used to give various female TVNZ newsroom staff unwelcome shoulder massages

    Vote: Thumb up 0 Thumb down 0 You need to be logged in to vote
  7. lofty (1,303 comments) says:

    Alex, how easy is it to remove an executor?

    Just because a beneficiary of a will doesnt like the executor, is this ground for his removal, or is Horan only using delaying tactics to try and prolong the whole process, and get the Public Service involved so that he can use some bluster to try and deflect his wrongdoing?

    Although the little dealings I have seen involving the PS they were strong and strict in their dealings, and utterly fair, without fear or favour, so I struggle to see Horans advantage, if they were to take over from Buckthought.

    Vote: Thumb up 0 Thumb down 0 You need to be logged in to vote
  8. alex Masterley (1,490 comments) says:

    Lofty,

    Not easy at all.

    Unless the executor renounces probate, an application to the High Court, under the Administration Act 1969, is required. Under that act the court has the power to remove or discharge an executor and appoint another in his or her place if;

    the executor is absent from NZ for 12 months,
    the desires to be discharged from the office of executor,
    the executor becomes incapable of acting,
    it becomes expedient to do so.

    The jurisdiction can be invoked if the court is satisifed that the continuance of a trustee would prevent the trust of the will from being properly executed.

    as noted above this requires application to the court and the court after hearing the evidence must be satisfied that the exisitng trustee and executor will not undertake his duties properly. this will take time and money to achieve. $10k + GSt (at least) and filing fees of about $1300.00 would be my estimate just to get the ball rolling.

    if the executor is playing everything with a straight bat then i cannot see the application succeeding. Unless of course he feels that he has been handed a poisoned challis and agrees to the appointment of the PT.

    Vote: Thumb up 0 Thumb down 0 You need to be logged in to vote
  9. lofty (1,303 comments) says:

    Thanks Alex,
    On that premise I am struggling to see what Horan is hoping to achieve other than a delaying tactic to buy time, in the fashion of, if this goes on long enough I may well gain a sympathetic following, maybe even get a benefactor to assist with costs etc…a bit like Bain.
    Just thinking that’s all.

    Vote: Thumb up 0 Thumb down 0 You need to be logged in to vote
  10. Colville (2,074 comments) says:

    Is Horan spendine the $10K to get filed in court so he can fudge and delay and keep 2 more years of $150k/yr salary?

    Vote: Thumb up 0 Thumb down 0 You need to be logged in to vote
  11. peterwn (3,150 comments) says:

    If he thinks he will get a fairer ‘hearing’ from a professional trustee like the Public Trust, he could be in for a rude shock. I knew a NZGT trust officer (now deceased) and he was very particular with everything he did. He seemed even more meticulous than a typical solicitor or bank officer.

    Interestingly it seemed that Winston ‘did not listen’ to Brendan either and Winston with his legal background would be well aware of the obligations of a person in Brendan’s position.

    There was a case where beneficiaries wanted to remove an executor (a professional trust company) several years ago. Three beneficiaries were at loggerheads with a fourth (all siblings), and the three thought the executor should abide by the wishes of the majority – they were wrong – the executor’s job is to abide by the will, although an executor would generally support the wishes where all beneficiaries are singing from the same hymn book (eg disposal of the family home). It is also the executor’s duty to gather up the whole estate prior to probate (this is essential in countries where estate duties are payable) and I suspect in this case it is this act which is getting up Brendan’s nose. IMO he will not get a sympathetic hearing from the Associate Judge.

    Vote: Thumb up 0 Thumb down 0 You need to be logged in to vote
  12. Bullitt (137 comments) says:

    In my experience if he want’s someone competent anybody would be a better executor than public trust. They can’t even handle simple estates let alone ones with issues like this.

    Vote: Thumb up 0 Thumb down 0 You need to be logged in to vote
  13. pq (728 comments) says:

    I imagine most people think that Horan used his mother’s money to satisfy his gambling addiction.
    Some points to Winston here. He made a decisive decision. Horan dead now

    Vote: Thumb up 0 Thumb down 0 You need to be logged in to vote
  14. Rex Widerstrom (5,257 comments) says:

    he says his political career is “in tatters”

    This implies he was held in some regard prior to the emergence of the allegations, and had won office on his own merits. He’s gone from unmemorable lobby fodderassociated with Winston to unmemorable lobby fodder not associated with Winston. Some might even be so unkind as to view this as an improvement in his overall position.

    Vote: Thumb up 0 Thumb down 0 You need to be logged in to vote
  15. Tauhei Notts (1,604 comments) says:

    Mr Farrar,
    This is not a male dominated society.
    It may be a good idea to have an independent executor or executrix.

    Vote: Thumb up 0 Thumb down 0 You need to be logged in to vote

Leave a Reply

You must be logged in to post a comment.