Peipi v Peipi as Administrator of the Estate of the late Ashoor Hilaney (No. 2) [2013] NSWSC 1566

Supreme Court New South Wales

Medium Neutral Citation: Peipi v Peipi as Administrator of the Estate of the late Ashoor Hilaney (No. 2) [2013] NSWSC 1566 Hearing dates: 25 October 2013 Decision date: 25 October 2013 Jurisdiction: Equity Division Before: Slattery J Decision: The NSW Trustee and Guardian appointed as the administrator of the Deceased's estate. Jessica Hilaney and Helen Peipi to receive respectively 65 per cent and 35 per cent of the Deceased's estate and notional estate, inclusive of their costs. Catchwords: SUCCESSION - family provision - argument as to the form of final orders - Helen Peipi awarded a statutory legacy as a de facto spouse of the deceased - Jessica Hilaney successful on her family provision claim as the deceased's daughter - main asset of the estate is a property in which the deceased and Ms Peipi lived - Ms Peipi desires to live in the property - whether the NSW Trustee and Guardian should be appointed as administrator of the estate - whether an independent person to act at no fee proposed by Jessica's mother should be appointed - Ms Peipi agrees to the appointment of this independent administrator if she receives a first option to buy the property at valuation - whether such an option might restrict the administrator's efforts to maximise the value of the estate by auction. Legislation Cited: NSW Trustee and Guardian Act 2009, s 22 Succession Act 2006, ss 59, 113 Cases Cited: Crouch v Zelichowski [2002] NSWSC 681 Luciano v Rosenblum (1985) 2 NSWLR 65 Peipi v Peipi as Administrator of the Estate of the late Ashoor Hilaney [2013] NSWSC 1520 Category: Consequential orders Parties: 2011/194248 - In The Estate of the late Ashoor Hilaney: A:- Domenica Mirarchi as guardian of Jessica Rosemary Hilaney