Estate Webster [2016] NSWSC 580

Supreme Court New South Wales

Medium Neutral Citation: Estate Webster [2016] NSWSC 580 Hearing dates: 8 and 22 February 2016, followed by written submissions Date of orders: 11 May 2016 Decision date: 11 May 2016 Jurisdiction: Equity - Probate List Before: Lindsay J Decision: In the interests of due administration of a deceased estate, ORDER that a grant of probate of a statutory will be revoked, and that administration of the unadministered estate of the deceased be granted to some only of the executors named in the will, in circumstances in which working relationships between the executors have broken down. Catchwords: SUCCESSION – Alteration and revocation of grants - Generally – Revocation and re-grant of administration – Breakdown of working relationships between executors - Removal of executor with no ongoing interest in due administration of the estate. Legislation Cited: Succession Act 2006 NSW Cases Cited: Baldwin and Neale v Greenland [2006] QCA 293 Bates v Messner (1967) 67 SR (NSW) 187 Conroy v Smith [2007) QSC 182 Estate Wight; Wight v Robinson [2013] NSWSC 1229. In the Estate of Helene Josephine Storch (deceased) [2013] SASC 129 In the Estate of Raymond Francis Stuart (deceased) [2009] SASR 399 In the Goods of Loveday [1900] P 154 Letterstedt v Broers (1884) 9 App Cas 371 Livingston v Commissioner of Stamp Duties (1960) 107 CLR 411 Mavrideros v Mack (1998) 45 NSWLR 80 Miller v Cameron (1936) 54 CLR 572 W v H [2014] NSWSC 1696 Texts Cited: - Category: Procedural and other rulings Parties: Plaintiff: Michael Peter Webster (Executor) First Defendant: Cara Beverley Higgins (Executrix) Second Defendant: Family Company of Plaintiff Third Defendant: NSW Trustee and Guardian Fourth Defendant: Daughter of First Defendant Fifth Defendant: Daniel David Webster (Executor) Sixth Defendant: David Michael Webster (Executor) Representation: Counsel: Plaintiff: TD Castle First Defendant: G Sirtes SC and NCT Bilinsky Second Defendant: - Third Defendant: - Fourth Defendant: - Fifth Defendant: R Bianchi Sixth Defendant: Self represented