Estate Pamplin; Irwin v Pamplin [2017] NSWSC 1477

Supreme Court New South Wales

Medium Neutral Citation: Estate Pamplin; Irwin v Pamplin [2017] NSWSC 1477 Hearing dates: 31 October, 1, 2, 3 and 8 November and 13 December 2016; and 3 February and 1 and 29 March 2017 Decision date: 03 November 2017 Before: Lindsay J Decision: (1) DECLARE that the plaintiff, as the surviving de facto spouse of the deceased, is entitled to the whole of his intestate estate.

(2) ORDER that letters of administration of the estate be granted to the plaintiff.

(3) ORDER that the competing application for a grant, made by the defendant as mother of the deceased, be dismissed.

(4) Consequential orders. Catchwords: Succession – Intestacy – De facto spouse – Relationship as a couple living together – Multiple or Separate residences – Succession Act 2006 NSW, sections 104(b), 105(a) and 111 – Interpretation Act 1987 NSW, section 21C. Legislation Cited: Interpretation Act 1987 NSW Succession Act 2006 Uniform Civil Procedure Rules 2005 NSW Cases Cited: Amprimo v Wynn [2015] NSWCA 286 Piras v Egan [2008] NSWCA 59 Thompson v The Public Trustee of NSW [2010] NSWSC 1137 Vaughan v Hoskovich [2010] NSWSC 706 Texts Cited: - Category: Principal judgment Parties: Plaintiff: Ann Margaret Irwin Defendant: Marie Pamplin Representation: Counsel: Plaintiff: M Stevens Defendant: L Ellison SC and R Kako

Solicitors: Plaintiff: Mersal & Associate Defendant: Ronald W Winter File Number(s): 2014/001735872014/00214419 Publication restriction: -