Hill v Hill [2013] NSWSC 524

Supreme Court New South Wales

Medium Neutral Citation: Hill v Hill [2013] NSWSC 524 Hearing dates: 19 March, 28 March, 19 April and 7 May 2013 Decision date: 07 May 2013 Jurisdiction: Equity Division Before: Lindsay J Decision: 1. Order made under the Forfeiture Act 1995 NSW, s 11. 2. Order for a grant of administration of the estate of the Late Michel Wendy Carroll, deceased. 3. Sundry other orders. Catchwords: SUCCESSION - Forfeiture where testator or intestate killed unlawfully - Deceased killed by her de facto spouse - De facto spouse found not guilty by reason of mental illness - Whether the forfeiture rule should apply to de facto spouse as if he had been found guilty of murder. Legislation Cited: Succession Act 2006 NSW NSW Trustee and Guardian Act 2009 NSW Children and Young Persons (Care and Protection) Act 1998 NSW Forfeiture Act 1995 NSW, s 11 Probate and Administration Act 1898 NSW s 74 Uniform Civil Procedure Rules 2005 NSW, rr 7.13, 7.14 and 7.15(3) Compensation to Relatives Act 1897 NSW, ss 3-4. Cases Cited: R v Hill [2011] NSW SC 1196 Nay v Iskov [2012] NSWSC 598 at [9] Public Trustee v Fraser (1987) 9 NSWLR 433 at 444F Re Tucker (1920) 21 SR (NSW) 175 at 181-182; 38 WN 28 at 31 Texts Cited: - Category: Principal judgment Parties: Charles Steven Leslie Hill by his Tutor Jeffrey Charles Burrowes (First Plaintiff) Jeffrey Charles Burrowes (Second Plaintiff) Julie Anne Burrowes (Third Plaintiff) Steven Leslie Hill (Defendant) Representation: PA Regattieri for the Plaintiffs J Brouwer, solicitor for the Defendant MJ Duffy & Son Solicitors (Plaintiffs) NSW Trustee & Guardian (Defendant) File Number(s): 2012/00081187