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.

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.

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.

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.