Application of the NSW Trustee and Guardian; Estate of SGB [2015] NSWSC 398

Supreme Court New South Wales

Medium Neutral Citation: Application of the NSW Trustee and Guardian; Estate of SGB [2015] NSWSC 398 Hearing dates: 27 February 2015; 31 March 2015 Date of orders: 09 April 2015 Decision date: 09 April 2015 Jurisdiction: Equity Division Before: White J Decision: Refer to para [22] of judgment. Catchwords: WILLS, PROBATE AND ADMINISTRATION – application for judicial advice by NSW Trustee regarding distribution of estate – deceased died intestate with no spouse or issue – half of estate has been distributed to deceased's mother –deceased's father has recently been located – deceased's father had little or no involvement with the deceased – deceased's father is incapable – evidence that the deceased's father's attorney has told the NSW Trustee by telephone that no claim on the estate will be made – orders made: (1) fixing the time in which any application by the deceased's father or his attorney as to the administration of the estate is to be made; (2) advising the NSW Trustee that it is entitled to distribute the remainder of the estate to the deceased's mother if no application is made by the deceased's father or his attorney in the time fixed, or if the NSW Trustee receives written confirmation from the deceased's father or his attorney that no such application will be made Legislation Cited: Probate and Administration Act 1898 (NSW) Trustee Act 1925 (NSW) Cases Cited: Application of Valda Ann Haberfield & Anor [2014] NSWSC 1421 Category: Procedural and other rulings Parties: NSW Trustee and Guardian (Plaintiff) Representation: Counsel: M Pringle (NSW Trustee and Guardian)