Re Estate Acquaro, Deceased [2021] NSWSC 1156

Supreme Court New South Wales

Medium Neutral Citation: Re Estate Acquaro, Deceased [2021] NSWSC 1156 Hearing dates: 3,4 and 5 February and 26 August 2021 Decision date: 10 September 2021 Jurisdiction: Equity Before: Lindsay J Decision: (1) Raffaele Senior is to pay equitable compensation to the estate of the deceased in the sum of $68,706.44 (2) Upon the proper construction of the will of the deceased, Raffaele Junior and Tiffany are entitled to the whole of the residuary estate of the deceased as tenants in common in equal shares. (3) With an extension of time within which to claim family provision relief, Sebastian is to be forgiven a debt of $101,021 owed to the estate of the deceased and awarded a legacy of $50,000. (4) Raffaele Senior's cross claim is to be dismissed. (5) Various costs orders are to be made, with the administrator to be indemnified by the estate, Sebastian to have limited recourse to the estate for his costs, and for Raffaele Senior to bear the costs of the proceedings. Catchwords: SUCCESSION — Administration of estates — Construction of residuary clause in deceased's will SUCCESSION — Family provision — Claim by adult child — Proceedings not commenced within time Legislation Cited: Probate and Administration Act 1898 NSW Succession Act 2006 NSW Cases Cited: Warren v McKnight (1996) 40 NSWLR 390 Category: Principal judgment Parties: In proceedings numbered 2017/00221078

Plaintiff: Sebastian Acquaro First Defendant: Raffaele Acquaro (Senior) Second Defendant: Jeremy Neil Glass as Administrator of the Estate of the late Francesco Acquaro