Noel Mockett Brown as executor of the estate of the late Petar Vezmar (aka Peter Vezmar) [2015] NSWSC 1470

Supreme Court New South Wales

Medium Neutral Citation: Noel Mockett Brown as executor of the estate of the late Petar Vezmar (aka Peter Vezmar) [2015] NSWSC 1470 Hearing dates: 14 August 2015 Date of orders: 07 October 2015 Decision date: 07 October 2015 Jurisdiction: Equity Before: Brereton J Decision: The plaintiff would be justified in causing proceedings to be brought in the competent Serbian court for administration of the deceased's Serbian estate including for probate and/or resealing of the will and codicil of the deceased and doing all things reasonably incidental thereto, and acting upon the advice of Serbian attorneys in connection therewith. Catchwords: PRIVATE INTERNATIONAL LAW – choice of law – administration and succession – construction and effect of testamentary dispositions – where testator domiciled in Australia devises Serbian realty on trusts – where Serbian courts assert exclusive jurisdiction over dispositions of immovables located within Serbian territory – held, Serbian law as lex situs governs will's construction and effectiveness of disposition.

EXECUTORS AND ADMINISTRATORS – applications to the court – judicial advice – construction and effect of testamentary dispositions – where realty in Serbia devised on trust for beneficiary for life and thereafter her children – where Serbian law as lex situs governs will's construction and effectiveness of disposition – whether beneficiary may take realty absolutely – where conflicting evidence as to recognition of concept of trust in Serbian law – where Serbian courts assert exclusive jurisdiction over dispositions of immovables located within Serbian territory – where application to Serbian court inevitable – held, executor should cause probate to be obtained in Serbia. Legislation Cited: (NSW) Trustee Act 1924,s 63 Cases Cited: Canterbury Corp v Wyburn and the Melbourne Hospital [1895] AC 89 Philipson-Stow v Inland Revenue Commissioners [1961] AC 726 Public Trustee v Vodjdani (1988) 49 SASR 236 Re Piercy; Whitwham v Piercy [1895] 1 Ch 83 Category: Principal judgment Parties: Noel Mockett Brown as executor of the Estate of Petar Vezmar (also known as Peter Vezmar) (applicant) Representation: Counsel: Mr L Ellison SC (applicant)