Weinstock v Beck in the Estate of Weinstock [2007] NSWSC 193

New South Wales Supreme Court

CITATION : Weinstock v Beck in the Estate of Weinstock [2007] NSWSC 193

HEARING DATE(S) : 26 February 2007

JUDGMENT DATE : 12 March 2007

JURISDICTION : Equity Division Probate List

JUDGMENT OF : Windeyer J at 1

DECISION : Order that caveat cease to be in force.

CATCHWORDS : WILLS PROBATE AND ADMINISTRATION – Probate – Caveats – Caveator claims plaintiff executors not proper person to take a grant – When passing over of named executors proper – Objections based on allegations of breach of trust in related estate of testator's husband and breach of directors' duties in relation to companies where deceased or deceased's husband held shares – Conflict of interest in case of one of the executors – Whether evidence sufficient to order contested suit on issue of passing over – Whether a claim of misconduct in relation to other estates or companies appropriate for decision in probate action – Whether contested proceedings bound to fail.

LEGISLATION CITED : Supreme Court Rules, Pt 78 r69(4) Wills Probate and Administration Act 1898, s74

Bowler v Bowler (unreported Young J SCNSW 7 June 1990), Estate of Keith Chandler Crane (2005) 93 SASR 198 Estate of Pederson (unreported Holland J SCNSW 17 June 1977); CASES CITED : Estate of Ritchie; Uniting Church in Australia Property Trust (NSW) v Millane (2002) NSWSC 1070 Estate of S deceased (1968) P 302 In The Goods of William Loveday (1900) P 154 Marsh v Patten (1868) 7 SCR(NSW) Eq 18

Amiram David Weinstock (First Plaintiff) PARTIES : John Halliday (Second Plaintiff) Tamar Rivqa Beck (Defendant)