CIV-2013-485-6986 Estate of Scaife
to: Jane.Penney@justice.govt.nz, email@example.com, firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, email@example.com
Tel: 021 1249310
Note: Due to high volume of nuisance phone calls experienced, I do not answer calls that have number withheld. However there has always been opportunity to leave voice mail on that number.
Sunday, 16 November 2014
Dear Jane Penney
Seeing probate is what we were asking for from the start, I am pleased to learn that at long last such has been granted.
However, your court’s “technical adviser” a Mr. John Earles, previously “advised” that the Will was not valid, because it appointed trustees rather than executors. Said “expert” has ever since remained unwilling to explain why such “trustees” would not have the power to act as “executors”.
Now I would certainly agree that it sounds like a feeble pretext, but none-the-less the “professional expert” that my siblings had appointed, a Mr. Phil McDonald of Cruickshank-Pryde (in Invercargil), consequently flatly refused to accede to my request, that the Will be presented for the court to decide (even though my lawyer thought it was a valid Will, and that I should insist he do so). Thus this raises the questions:
1. What application was made, what documents were presented and WTF was probate granted on?
Secondly, in accordance with Mr Earles “technical expertise”, application for letters of administration were submitted. I agreed to them and signed them with affidavits and witnesses and all the other bureaucratic paraphernalia you people allegedly would have wanted, but your court declined anyway: I seem to remember there were some petty issues about which section of the application certain items had been placed, but I felt that an “expert” with over 30 years experience would be able to sort that out.
Your court also questioned why “permission had not been sought from all the beneficiaries”. This was rather strange, because the documentation clearly showed that it had been sought. It showed that a Robin Michael Scaife and a Marie Marguerite Scaife refused to give such permission. I saw no mention of them giving a cogent reason for their refusal. So as far as I’m concerned that was without merit.
2. Why was this time, it not necessary that I be informed, let alone my approval sought for this latest application from yet another sneaky law firm? Once again they were blatantly acting only on behalf of the ones who had taken all mums assets, which as far as I know is a criminal violation of the property protection act 1984. Note: IMHO this has “guilty demeanor” plastered all over it, yet your court was oblivious to that? #YeahRight!
AFAIK, as a nominated beneficiary, and appointed trustee of my mother’s estate, ANY application must be made with my knowledge, and with representation of the interest of all concerned. FYI, that includes my interests, regardless of the fact that I am a transgender person. Consequently I declare that the matter is NOT “closed in your court”. The underhand and furtive proceedings were unlawful, and your determination is without jurisdiction. Restitution of consequential damages will be required, from those responsible.
Mr. R E Mawhinney at Preston Russell Law in Queenstown has not seen fit to contact me, and so he was not acting on behalf of mum’s estate. You see, he did not have legitimate authority to do so. Mr. Mawhinney has been professionally negligent, and probably guilty of perverting the course of justice. It is not my responsibility to sort things out with him. It is your responsibility to ensure that due process is observed in the first place.
I therefor hereby revert this issue to our latest minister of “justice”, Hon. Amy Adams. As a minister of justice, it is her job to restore integrity to the New Zealand legal system. I inform you that until she does so, I am under no obligation to acknowledge, or comply with the jurisdiction and edicts of our utterly corrupt, and morally destitute New Zealand legal system.
Ms. F. A. Perduta
(Formerly Mr. C. J. Scaife)
~~~ PEr aRDUa ad asTrA ~~~
(Through adversity to the stars)