Hill v Hill [2023] NSWSC 612

Supreme Court New South Wales

Medium Neutral Citation: Hill v Hill [2023] NSWSC 612 Hearing dates: 11 May 2023 and 31 May 2023 Date of orders: 31 May 2023 Decision date: 31 May 2023 Jurisdiction: Equity Before: Hallen J Decision: See Paragraph [43] Catchwords: SUCCESSION – Adult children appointed as substitute executors - Probate of the Will not being sought by one – Application brought by other for grant of administration with the deceased's Will annexed to be made to independent administrator – Where due and proper administration of deceased's estate not able to be completed – Respondent is non-active party who has rarely appeared, who has not filed an appearance, or any affidavits and who did not appear at the hearing – Court concerned with the due and proper administration of the deceased's estate according to the terms of her Will and to promote the orderly, efficient, and proper, administration of the estate according to the terms of the Will – Application granted Legislation Cited: Civil Procedure Act 2005 (NSW) Probate and Administration Act 1898 (NSW) Succession Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Allesch v Maunz (2000) 203 CLR 172 Knorr v CSIRO (No 3) [2012] VSC 529 Mavrideros v Mack (1998) 45 NSWLR 80 Category: Principal judgment Parties: Richard Leslie Hill (applicant) Timothy Hill (respondent) Representation: Counsel: A Flick (applicant)

Solicitors: Breene & Breene Solicitors (applicant) File Number(s): 2022/207498 Publication restriction: Nil