NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: The Estate of Smith [2024] NSWSC 725 Hearing dates: 11 June 2024 Date of orders: 11 June 2024 Decision date: 11 June 2024 Jurisdiction: Equity - Succession & Probate List - Probate Before: Hammerschlag CJ in Eq Decision: See [15] Catchwords: SUCCESSION – Application to review decision of a Registrar not to grant Letters of Administration to the Plaintiff – A niece of the Deceased who died intestate – Registrar declined on the basis that the Plaintiff had not established that the Deceased was not in a domestic partnership immediately before his death – Where 18 months has now passed since the death of the Deceased, affidavit evidence establishes enquiries made to find out whether the Deceased was in such relationship – No such person has come forward – No record of any registration of any de facto relationship – HELD – Court satisfied that there was no such relationship at the date of death – Order for the grant of Letters of Administration Legislation Cited: Succession Act 2006 (NSW) Supreme Court Rules 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Lachlan AB Pty Ltd v Brisull Investments (Forbes) Pty Ltd [2024] NSWSC 133 Re Estate Schutt [2023] NSWSC 1159 Category: Principal judgment Parties: Cheryl Patricia Gladys Tudor (Applicant) Representation: Counsel: BJ Dean (Plaintiff)
Solicitors: McLachlan Thorpe Partners (Plaintiff) File Number(s): 2023/00050209 Publication restriction: Nil
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate