Estate of Philip Mack (Deceased) [2022] NSWSC 1629

Supreme Court New South Wales

Medium Neutral Citation: Estate of Philip Mack (Deceased) [2022] NSWSC 1629 Hearing dates: In Chambers and on the papers Date of orders: 30 November 2022 Decision date: 30 November 2022 Jurisdiction: Equity Before: Hallen J Decision: See [38] Catchwords: SUCCESSION – EXECUTORS AND ADMINISTRATORS – Probate – Revocation of Probate granted to two executors sought – One of two executors seeks removal due to personal circumstances – No suggestion of any adverse conduct by that executor regarding the administration of deceased's estate – Substitute executor named in deceased's Will seeks to be named as co-administrator if Probate revoked and grant of Letters of Administration with the deceased's Will annexed is made – Whether need for Defendant/contradictor to be named in application – Circumstances in which order for revocation of grant of Probate should be made – All affected persons consent – Importance of having regard to due and proper administration of estate and interests of parties beneficially entitled to estate – Order made for revocation of grant, with fresh grant of administration with the Will annexed to proposed administrators with consequential orders made Legislation Cited: Electronic Transactions Act 2000 (NSW) s 14G Probate and Administration Act 1898 (NSW) s 40D Cases Cited: Bates v Messner (1967) SR (NSW) 187 Caldar v Public Trustee [2003] NSWCA 187 Estate Kouvakas; Lucas v Konakas [2014] NSWSC 786 Executor Trustee Australia Ltd v McDougall (2011) 110 SASR 462; [2011] SASC 140 Gorman v McGuire: Estate of J.M. Gorman [2002] NSWSC 1089 In the Goods of Galbraith [1951] P 422 In the Goods of William Loveday [1900] P 154 Mullins-Trnovsky v Adams (2014) 121 SASR 155; [2014] SASC 116 Neilson v Public Trustee - The Estate of Ellen Letitia Neilson (Supreme Court (NSW), Powell J, 8 May 1992, unrep) Pye v Pye [2021] NSWSC 686 Re Arklie (No. 2) [2019] VSC 350 Re Estate of Crane (2005) 93 SASR 198; [2005] SASC 379 Riccardi v Riccardi [2013] NSWSC 1655 Richardson v Rearden [2006] NSWSC 1252 Sandra Elizabeth Lester v Terrence Myles Brown [2022] NSWSC 716 The Estate of Erminia Agnes Rogers v Rogers [2009] WASC 358 Texts Cited: Alexander Learmonth, Williams, Mortimer and Sunnucks, Executors, Administrators and Probate (21st ed, 2018, Thomson Reuters) Master Paul Treverson, Roland d'Costa, and Terry Synack, Tristram and Coote's Probate Practice (32nd ed, 2020, LexisNexis Butterworths) Category: Principal judgment Parties: Ian Henry Mack (first Plaintiff) Paul Godfrey Hickman (second Plaintiff) John Anthony Snelgrove (third Plaintiff) Representation: Solicitors: Snelgrove Herman Lawyers (Plaintiffs) File Number(s): 2022/307239 Publication restriction: Nil