NSW Trustee & Guardian; Estate of the Late Jan Szczudlik [2015] NSWSC 1529

Supreme Court New South Wales

Medium Neutral Citation: NSW Trustee & Guardian; Estate of the Late Jan Szczudlik [2015] NSWSC 1529 Hearing dates: 13 October 2015 Decision date: 15 October 2015 Jurisdiction: Equity Before: Hallen J Decision: See orders in [77] Catchwords: WILLS PROBATE & ADMINISTRATION – The deceased died intestate in 1992 – Persons entitled on intestacy – Administrator uncertain as to whether all siblings of the deceased or issue identified – Determination of matters in doubt – Administrator seeking order giving liberty to distribute the estate on particular basis – Deceased domiciled in New South Wales – Distribution – Plaintiff justified in distributing the estate – Benjamin Order made Legislation Cited: NSW Trustee and Guardian Act 2009 (NSW) Public Trustee Act 1913 (NSW) Wills Probate & Administration Act 1898 (NSW) Cases Cited: Application of NSW Trustee & Guardian [2014] NSWSC 1857 Matthews v Williams [1941] HCA 32; (1941) 65 CLR 639 NSW Trustee & Guardian (Estate of Peter Urso) [2013] NSWSC 903 NSW Trustee & Guardian; In the Estate of Rex [2015] NSWSC 841 Public Trustee v Kehagias [2009] NSWSC 972 Re Benjamin; Neville v Benjamin [1902] 1 Ch 723 Re NSW Trustee & Guardian; In the Estate of Francis [2014] NSWSC 123 Re Meyerstein [2009] VSC 564 West v Weston [1998] NSWSC 419 Category: Principal judgment Parties: NSW Trustee & Guardian (Plaintiff) Representation: Counsel: Ms R Kako (Plaintiff)