In the estate of GA; Re AC [2013] NSWSC 986

Supreme Court New South Wales

Medium Neutral Citation: In the estate of GA; Re AC [2013] NSWSC 986 Hearing dates: 12 June 2013 Decision date: 26 July 2013 Jurisdiction: Equity Division - Protective List Before: White J Decision: Refer to paras [19] and [20] of judgment. Catchwords: EQUITY - trusts and trustees - applications to the court for advice and authority - application for judicial advice as to whether administrator of deceased estate would be justified in further investigating validity of will - some doubt as to testator's testamentary capacity - whether appropriate for administrator to seek grant of probate in solemn form Legislation Cited: Probate and Administration Act 1898 Limitation Act 1969 Cases Cited: Re Levy (deceased) [1953] VLR 652 In the goods of Chamberlain (1867) LR 1 P & D 316 Dickman v Holley; Estate of Simpson [2013] NSWSC 18 Category: Principal judgment Parties: NSW Trustee and Guardian (Applicant) Representation: Counsel: Ms R Seiden with Dr J Lucy (Applicant) Solicitors: Crown Solicitor File Number(s): 2013/74334 2013/74335

Judgment 1HIS HONOUR: The NSW Trustee and Guardian seeks judicial advice in relation to a deceased estate of which it is the administrator and an estate of which it is the financial manager. Part of the advice sought is as to whether it would be justified in bringing or not bringing proceedings against third parties for the recovery of moneys. That advice will be private advice and will not be published. Other advice sought relates to doubts the NSW Trustee and Guardian has concerning the validity of the will it is administering. Parts of the advice on that matter will be redacted in the published copy of these reasons.