St John v St John [2021] NSWSC 399

Supreme Court New South Wales

Medium Neutral Citation: St John v St John [2021] NSWSC 399 Hearing dates: 17 March 2021 Date of orders: 20 April 2021 Decision date: 20 April 2021 Jurisdiction: Equity Before: Parker J Decision: See [99] Catchwords: SUCCESSION – administration proceedings – judicial advice – declaration that letter of disclaimer was a valid and effective surrender of the interest of one of the legatees – proposal for appropriation of property to three of the four residuary beneficiaries – executors had power to make appropriation without an order from the court – proposal to retain a fund to meet potential claims by a beneficiary – executors had power to make an interim distribution out of the residue of the estate – amount of distribution not a matter for the court – no judicial advice given COSTS – party/party – executors propounded deed of administration, including a release, which one beneficiary refused to sign – executors joined beneficiary as defendant in subsequent administration proceedings – executors did not succeed on any issue in dispute with beneficiary at hearing – request for release unreasonable – executors liable for beneficiary's costs inter partes Legislation Cited: Conveyancing Act 1919 (NSW), ss 7, 23C Trustee Act 1925 (NSW), ss 46, 63, 81 Cases Cited: Bassett v Bassett (2003) 58 NSWLR 258 Hons v Hons [2010] NSWSC 247 In the estate of Mack (1956) 73 WN (NSW) 218 National Trustees Executors & Agency Co of Australasia Ltd v Barnes (1941) 64 CLR 268 Olsen v James [2020] NSWSC 1015 Re Beddoe [1893] 1 Ch 547 Category: Principal judgment Parties: Rosemary Anne St John (First Plaintiff) Richard Baldwin St John (Second Plaintiff) Annie Mary St John (First Defendant) Bhakti Manning (Second Defendant) Jill St John (Third Defendant) Representation: Counsel: J Needham SC/R Coffey (Plaintiffs)