Re Estate GR, deceased [2015] NSWSC 1584

Supreme Court New South Wales

Medium Neutral Citation: Re Estate GR, deceased [2015] NSWSC 1584 Hearing dates: 26 October 2015 Date of orders: 26 October 2015 Decision date: 26 October 2015 Jurisdiction: Equity - Probate List Before: Lindsay J Decision: Orders for a penultimate will to be admitted to probate, reserving to an absent party a limited entitlement to move the Court for an order that the grant be revoked and an order that the last (controversial) will be admitted to probate instead. Catchwords: SUCCESSION – Probate and letters of administration – Grants of probate and letters of administration – Jurisdiction and discretion of court – Controversy attaching to validity of final will – Passing over final will - Grant of probate in common form of penultimate will – Reservation of liberty to apply for revocation of grant – Time to make such application limited Legislation Cited: New South Wales Trustee and Guardian Act 2009 NSW Cases Cited: Estate Kouvakas; Lucas v Konakas [2014] NSWSC 786 IR v AR [2015] NSWSC 1187 Texts Cited: - Category: Principal judgment Parties: IR: A son of the Deceased AR: A son of the Deceased MR: The Widow of the Deceased (by the NSW Trustee as her financial manager) NSW Trustee: Administration of the Estate of the Deceased, by an interim grant. Public Guardian: Guardian of MR Representation: Counsel: IR: MK Meek SC and G Huxley AR: Non-appearance MR: C Phang, solicitor (NSW Trustee) NSW Trustee: C Phang Public Guardian: C Phang