Re Estate D J Hancock [2000] NSWSC 875

New South Wales Supreme Court

CITATION : Re Estate D J Hancock [2000] NSWSC 875 CURRENT JURISDICTION: Equity Division Probate List FILE NUMBER(S) : SC 113321/98 HEARING DATE(S) : 21/08/2000 JUDGMENT DATE : 31 August 2000

PARTIES : Michelle Joy Tout (Applicant for Administration) Carol Ann Hancock (Proposed Tutor) JUDGMENT OF : Young J

COUNSEL : G Van der Vlag (Applicant for Administration) M S Willmott (Proposed Tutor) SOLICITORS : J M Glass & Son (Applicant for Administration) W B Scott & Tong (Proposed Tutor) CATCHWORDS : SUCCESION [74] & [90]- Administration- Minor taking on intestacy if mother not deceased's de facto wife- Whether grandmother should be appointed minor's guardian to contest claim for administration. LEGISLATION CITED : Wills Proabate & Administration Act 1898 s 32G Supreme Court Rules, Part 78 rules 29 & 31 Re Dillon's Infants (1891) 7 WN (NSW) 131 CASES CITED : Re Ewing (1828) 1 Hag Ec 381; 162 ER 619 Re Stephenson (1866) LR 1 P & D 287 Re Weir (1862) 2 Sw & Tr 451; 164 ER 1070 DECISION : See para 16

THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION PROBATE LIST

YOUNG J

THURSDAY 31 AUGUST 2000

113321/98 - RE ESTATE D J HANCOCK

JUDGMENT

1 HIS HONOUR: The basal facts are that David John Hancock died on 28 March 1998. He left surviving him the plaintiff, Michelle Joy Tout who claims to be his de facto widow, a daughter Kimberley Joy Tout (whose mother is Michelle Joy Tout) (Kimberley was born on 9 July 1996 and is now four years of age) and his mother, Carol Ann Hancock. Michelle Tout has another daughter, Rebecca Tout. 2 The deceased appears to have left a document on a newsagent's will form which bears a signature that could be his and a date, 10 December 1997. This document leaves property to Michelle Tout and to her two daughters. Carol Hancock disputes the validity of this document.