NSW Trustee and Guardian (Estate of Peter Urso) [2013] NSWSC 903

Supreme Court New South Wales

Medium Neutral Citation: NSW Trustee and Guardian (Estate of Peter Urso) [2013] NSWSC 903 Hearing dates: 3 July 2013 Decision date: 03 July 2013 Jurisdiction: Equity Division Before: Hallen J Decision: See Paragraph 43 Catchwords: Wills, probate and administration - Will of the deceased - Named beneficiaries, sisters of the deceased predeceased -Determination of matters in doubt - Whether father of deceased predeceased - No issue that mother predeceased - Administrator seeking order giving liberty to distribute the estate on footing that father predeceased the deceased - Next of kin inquiry - Deceased domiciled in New South Wales - Distribution - Benjamin Order Legislation Cited: NSW Trustee and Guardian Act 2009 Public Trustee Act 1913 Uniform Civil Procedure Rules 2005 Wills Probate and Administration Act 1898 Cases Cited: Application by NSW Trustee & Guardian (Estate of the late Marko Sijakovic) [2012] NSWSC 1532 Benjamin, Re; Neville v Benjamin [1902] 1 Ch 723 Boyd (No 2), Re (NSWSC, 19 July 1995, unreported) Clarke v McFarlane [2008] NSWSC 432 Green's Will Trusts, Re [1985] 3 All ER 445 Nolan As Administratrix of the Estate Of Barbara Nolan, deceased v Nolan [2011] WASC 224 NSW Trustee & Guardian v Hull [2011] NSWSC 1106 Public Trustee v Kehagias [2009] NSWSC 972 Public Trustee v Solah [1999] NSWSC 660 Reynolds Trusts (No 2), Re [1942] QWN 40 West v Weston [1998] NSWSC 419 Category: Principal judgment Parties: NSW Trustee and Guardian (Plaintiff) Representation: Counsel: Ms M Pringle (Plaintiff) Solicitors: NSW Trustee and Guardian (Plaintiff) File Number(s): 2013/153232