Deputy Curator of Deceased Estates, in the matter of Quintal [2023] NFSC 4

Supreme Court of Norfolk Island

Deputy Curator of Deceased Estates, in the matter of Quintal [2023] NFSC 4 File number: SC 2 of 2021

Judgment of: BESANKO CJ

Date of judgment: 9 November 2023

Catchwords: SUCCESSION — application by Deputy Curator of Deceased Estates pursuant to s 130 of the Administration and Probate Act 2006 (NI) and pursuant to the Trustee Act 1931 (NI) and s 63 of the Trustee Act 1925 (NSW) — where deceased died intestate in 1922 and was survived by nine of her children — where Letters of Administration granted in 1971 and estate distributed but for the share of one beneficiary who could not be located — where extensive investigation and searches have not conclusively located the beneficiary — whether the evidence supports a finding the beneficiary died intestate without leaving a spouse, issue or parents — whether a Benjamin order should be made — whether half-brother entitled to share in beneficiary's estate — consideration of common law choice of law rules relating to succession — whether beneficiary died on 10 April 1954

Legislation: Administration and Probate Act 2006 (NI) ss 5, 130 Administration of Estates Act No. 40 of 1954 (NSW) s 61A Administration and Probate Ordinance 1929-1953 (ACT) Inheritance Act No. 19, 1901 (NSW) Probate and Administration Ordinance 1960–1961 (NI) Succession and Wills Act 1913 (NI) Trustee Act 1931 (NI) Trustee Act 1925 (NSW) s 63 Wills, Probate and Administration Act 1898 (NSW) ss 49, 50, 51

Cases cited: Application of NSW Trustee & Guardian; Estate of Meyerfeld [2019] NSWSC 156 In the Estate of Cullen (1976) 14 SASR 456 Re Benjamin; Neville v Benjamin [1902] 1 Ch 723 Wilcox v Poole [1974] 2 NSWLR 693