Szekeres (as Executor of the Estate of the late Elizabeth Nadai) v The State of New South Wales [2011] NSWSC 1119

Supreme Court New South Wales

Medium Neutral Citation: Szekeres (as Executor of the Estate of the late Elizabeth Nadai) v The State of New South Wales [2011] NSWSC 1119 Hearing dates: 13 September 2011 Decision date: 13 September 2011 Jurisdiction: Equity Division - Duty List Before: Rein J Decision: Declaration that the residue of the estate not dealt with by the will passes to the Crown bona vacentia pursuant to s 61B and s 61F of the Probate and Administration Act 1898 (NSW) Catchwords: SUCCESSION - testatrix left a will without a residuary clause - evidence shows that the testatrix had no living de facto partner, spouse, offspring or close relatives at the time of death - residue of the estate devolve upon the Crown bona vacantia pursuant to s 61B(7) of the Probate and Administration Act 1898 (NSW)

PRACTICE AND PROCEDURE - admissibility of expert evidence in the absence of acknowledgement of the Code of Conduct pursuant to rule 31.23(3) of the Uniform Civil Procedure Rules 2005 (NSW) Legislation Cited: Probate and Administration Act 1898 (NSW) Succession Amendment (Intestacy) Act 2009 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Meisner (as administrator of the estate of Sweetapple (deceased)) v R [2004] NSWSC 327 Category: Principal judgment Parties: Dezso Szekeres (Executor of the estate of the late Elizabeth Nadai)(plaintiff) State of New South Wales (defendant) Representation: J Needham SC (plaintiff) Geoff Osborne & Associates (plaintiff) Crown Solicitor (defendant) - submitting appearance File Number(s): SC 2011/252200