NSW Trustee and Guardian v McGrath & Ors [2013] NSWSC 1894

Supreme Court New South Wales

Medium Neutral Citation: NSW Trustee and Guardian v McGrath & Ors [2013] NSWSC 1894 Hearing dates: 21 November 2013 Decision date: 17 December 2013 Jurisdiction: Equity Division Before: Young AJ Decision: Plaintiff justified in considering Maurice Vivian McGrath as the de facto husband of the deceased. Catchwords: SUCCESSION - Intestacy - De facto relationship - Where deceased was in a friendship with a man - Where they did not reside together - Where man did not describe himself as de facto partner - Whether de facto relationship existed - Probate and Administration Act 1898, s 32G - Property (Relationships) Act 1984, s 4.

SUCCESSION - Administration - Application for advice - Where order sought according to Re Benjamin [1902] 1 Ch 723 - Scope of Court's consideration - Trustee Act 1925, s 63. Legislation Cited: Corporations Act 2001 (Cth) Probate and Administration Act 1898 Property (Relationships) Act 1984 Trustee Act 1925 Cases Cited: Hayes v Marquis [2008] NSWCA 10; (2008) DFC ¶95-415 Jonah v White [2011] FamCA 221; (2011) 258 FLR 236 Light v Anderson [1992] NSWCA 136; (1992) DFC ¶95-120 Petersen v Gregory [2007] NSWSC 8 Piras v Egan [2008] NSWCA 59 PY v CY [2005] QCA 247; (2005) 34 Fam LR 245 Re Benjamin [1902] 1 Ch 723 Vaughan v Hoskovich [2010] NSWSC 706 Weston v Public Trustee (1986) 4 NSWLR 407 Category: Principal judgment Parties: NSW Trustee and Guardian (Plaintiff) Susan Kay Partington, Marion Joy Ritchie, John Raymond McGrath and Gary William McGrath in their capacity as executors of the Estate of the Late Maurice Vivian McGrath (First defendants) Andrew William Shade (Second defendant) Timothy James Shade (Third defendant) Elizabeth Jane Shade (Fourth defendant) Jamie Adam Clarke (Fifth defendant) Adam Colin Clarke (Sixth defendant) Heidi Melissa Clarke (Seventh defendant) Representation: Counsel: R Kako (Plaintiff) C F Hodgson (Second, Third and Fourth defendants) Solicitors: NSW Trustee and Guardian (Plaintiff) Fairfax Lawyers (First defendant (submitting appearance)) Teece Hodgson & Ward (Second, Third and Fourth defendants) File Number(s): 2013/83399 Publication restriction: Nil