Application of Perpetual Trustee Company Ltd; Re: Estate of the late Evelyn Mary Dempsey [2016] NSWSC 159

Supreme Court New South Wales

Medium Neutral Citation: Application of Perpetual Trustee Company Ltd; Re: Estate of the late Evelyn Mary Dempsey [2016] NSWSC 159 Hearing dates: 13 November 2015 and 3 December 2015, in chambers. Date of orders: 03 March 2016 Decision date: 03 March 2016 Jurisdiction: Equity Before: Slattery J Decision: The Plaintiff is advised that it would be justified: (1) in treating the deceased as domiciled in Australia rather than the United Kingdom for the purpose of distributing her intestate estate, but that the plaintiff would not be justified in treating the deceased as domiciled in New South Wales, rather than Queensland, without undertaking the further investigations identified in these reasons; and (2) in distributing the deceased's Australian estate to the estate beneficiaries without regard to United Kingdom taxation liabilities that might be payable by the estate provided the plaintiff satisfies itself upon appropriately expert legal and taxation advice that the estate's UK tax liabilities will exceed the value of the estate's UK assets. The plaintiff is directed to correspond with the University of Sydney in accordance with the observations made in these reasons and then to reapproach the Court to seek final judicial advice in relation to transferring an amount of $25,363.64 and appropriate interest from the University's share of accumulated interest to the estate's intestacy account; Catchwords: TRUSTS – Application for judicial advice – Trustee Act 1925 s63 – deceased died in 1982 – intestacy as to substantial parts of deceased's estate – whether judicial advice required – what judicial advice is appropriate.

DOMICILE - deceased born in Queensland – deceased lived much of her life in New South Wales but moved to the United Kingdom where she was admitted into psychiatric care shortly before her death – whether deceased domiciled in New South Wales or elsewhere.