Application by NSW Trustee & Guardian (Estate of Edward Charles Turner) [2020] NSWSC 944

Supreme Court New South Wales

Medium Neutral Citation: Application by NSW Trustee & Guardian (Estate of Edward Charles Turner) [2020] NSWSC 944 Hearing dates: In Chambers and on the papers Date of orders: 28 July 2020 Decision date: 28 July 2020 Jurisdiction: Equity Before: Hallen J Decision: See [48] – [50]. Catchwords: SUCCESSION – Administration of estates – The deceased died intestate in 2012 – Executor to determine persons entitled on intestacy – Administrator uncertain as to identity of deceased's paternal grandfather – Determination of matters in doubt to enable distribution – Administrator seeking order giving liberty to distribute the estate on particular basis – Plaintiff justified in distributing the estate – Benjamin Order made – Order also made that the Plaintiff's costs of the proceedings, calculated on the indemnity basis, be paid, or retained, as the case may be, out of the estate of the deceased Legislation Cited: Succession Act 2006 (NSW), ss 103, 128, 130, 131, Ch 4 Cases Cited: Application by NSW Trustee & Guardian (Estate of the late Marko Sijakovic) [2012] NSWSC 1532 Application by NSW Trustee and Guardian (Estate of the late Frederick John Vermaak) [2016] NSWSC 1436 Application by NSW Trustee and Guardian (Estate of the late Peter Czmil) (2013) 12 ASTLR 148; [2013] NSWSC 1683 Application by NSW Trustee and Guardian; Estate of Esme Veronica Hennessy [2019] NSWSC 340 Application of Harnett and Cutts [2016] NSWSC 427 Application of NSW Trustee & Guardian (2014) 14 ASTLR 436; [2014] NSWSC 1857 Application of NSW Trustee & Guardian; Estate of Dudley Keith Vaughn [2019] NSWSC 850 Bickford v Benson [2015] WASC 161 In re Benjamin; Neville v Benjamin [1902] 1 Ch 723 In the Will and Estate of Werner Ludwigk Meyerstein deceased [2009] VSC 564 NSW Trustee & Guardian; In the Estate of Francis [2014] NSWSC 123 NSW Trustee & Guardian; In the Estate of Rex [2015] NSWSC 841 NSW Trustee and Guardian (Estate of Peter Urso) [2013] NSWSC 903 Public Trustee v Kehagias [2009] NSWSC 972 Re Green's Will Trusts; Fitzgerald-Hart v Attorney General [1985] 3 All ER 455 The Estate of Janet Beris Jackwitz [2018] NSWSC 515 West v Weston (1998) 44 NSWLR 657; [1998] NSWSC 419 Wilcox v Poole [1974] 2 NSWLR 693 Texts Cited: Alexander Learmonth, Charlotte Ford, Julia Clark and John Ross Martyn, Williams, Mortimer and Sunnucks on Executors, Administrators and Probate (21st ed, 2018, Sweet & Maxwell) Category: Principal judgment Parties: NSW Trustee & Guardian (Plaintiff) Representation: Counsel: H Morrison (Plaintiff)