The Estate of the Late Akos Balazs Melegh [2016] NSWSC 249

Supreme Court New South Wales

Medium Neutral Citation: The Estate of the Late Akos Balazs Melegh [2016] NSWSC 249 Hearing dates: 15 & 17 February 2016 Date of orders: 22 February 2016 Decision date: 22 February 2016 Jurisdiction: Equity Before: Slattery J Decision: Letters of administration of the intestate estate of the deceased granted to the third plaintiff, Katalin D'Arney. The third defendant/cross claimant release her rights approved under Succession Act, s 95. Catchwords: PROBATE – deceased died suddenly in motorcycle accident – two alleged wills of the deceased propounded – deceased has small estate but entitled to a substantial superannuation death benefit – the third defendant/cross claimant alleges she was in a de facto relationship with the deceased at the time of his death – the plaintiffs/the father and sister of the deceased, claim administration of the estate on the basis of intestacy – the first and second defendants allege the deceased made two wills – the plaintiffs allege the two wills are forgeries – evidence that deceased did not sign either of the two wills -proceedings settled – whether an administrator should be appointed to the deceased's estate – who should be appointed administrator.

SUCCESSION – proceedings settled – third defendant/cross claimant brings claim for orders for family provision under Succession Act, Chapter 3 – whether the third defendant/cross claimants release of her claims for family provision should be approved under Succession Act, s 95. Legislation Cited: Compensation of Relatives Act 1897 Succession Act 2006, ss 57, 95, 101, 104, 111 and 128 Uniform Civil Procedure Rules 2005, Pt 12 r 12.1 Cases Cited: In the Goods of Cholwill (1866) LR1P&D 192 In the Estate of Kruttschmitt (Deceased) (1942) 42 SR (NSW) 79 In the Estate of Slattery (1909) 9 SR (NSW) 577 Nock v Austin (1918) 25 CLR 519 Pipon v Pipon (1744) Amb 25; 27 ER 14 Webster v Webster (1804) 10 Ves 93 Category: Principal judgment Parties: First Plaintiff: Peter David Kristofferson as attorney for Akos Geza Melegh under Power of Attorney dated 26 March 2014 Second Plaintiff: Csilla Melegh