Federal Court of Australia
,
~ WA ISB ~
CATCHWORDS
Bankruptcy - After acquired property - Bankrupt entitled to interest in mother's estate - Mother dying after bankruptcy - Bankrupt discharged before estate fully administered - Entitlement of Trustee to chose in action for proper administration of estate and to the Bankrupt's
interest in the estate on its being fully administered.
Bankruptcy Act 1966, ss.58 and 116.
RE: MICHAEL REGINALD PEVSNER
EX PARTE: OFFICIAL TRUSTEE IN BANKRUPTCY
AND: RAYMOND HENRY GRIFFITHS as Administrator of the Estate of Cora Mahrea Pevsner, deceased.
No. 529 of 1976
Sheppard J. 23 June 1983
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
OF NEW SOUTH WALES AND THE
) ) BANKRUPTCY DISTRICT OF THE STATE ) No. 529 of 1976 ) ) ) )
AUSTRALIAN CAPITAL TERRITORY
RE: MICHAEL REGINALD PEVSNER
EX PARTE: OFFICIAL TRUSTEE IN BANKRUPTCY
AND: RAYMOND HENRY GRIFFITHS as Administrator of the Estate of Cora Mahrea Pevsner, deceased
CORAM: SHEPPARD J.
23 June 1983
REASONS FOR JUDGMENT
This is an application by the Trustee in Bankruptcy of the estate of one Michael Reginald Pevsner for a declaration that all the right title and interest of the bankrupt to the gifts made under the will of his mother, Cora Mahrea Pevsner, be deemed to be included
in the property of the bankrupt.
The bankruptcy of the bankrupt commenced on
3 November, 1976. On 30 January, 1979, his mother died.
By her will she gave the whole of her property to be divided amongst her children living at her death in equal shares as tenants in common. There were two such children, one being the bankrupt. His share is likely to yield an amount somewhat more than $50,000. On 4 December, 1979, letters of administration with
the will annexed were granted to one Raymond Griffiths.
On 1 February, 1981, the bankrupt was discharged from his bankruptcy. At that time the estate of his mother had not been fully administered. On 6 September, 1982, the bankrupt died. Probate of his will was granted to the executor named therein,
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