Estate Grundy; La Valette v Chambers-Grundy [2018] NSWSC 104

Supreme Court New South Wales

Medium Neutral Citation: Estate Grundy; La Valette v Chambers-Grundy [2018] NSWSC 104 Hearing dates: 13 November 2017, together with written submissions filed 29 November 2017 Date of orders: 15 February 2018 Decision date: 15 February 2018 Jurisdiction: Equity - Family Provision List Before: Lindsay J Decision: In case management of a claim for family provision relief the Court determined that:

(1) in the absence of reasonable grounds for a dispensation from the ordinary disclosure obligations of the administrator of a deceased estate, the first defendant, as administrator of the deceased's estate, is required to make disclosures about his property, and property transactions, outside NSW even though the jurisdiction of the Court to make a family provision order in favour of the plaintiff is limited to property in NSW; and

(2) the first defendant's application (under sections 7, 8(1)(a) and 8(1)(e) of the Court Suppression and Non-Publication Orders Act 2010 NSW) for a suppression order in respect of non-dispositive provisions of the deceased's will should be dismissed. Catchwords: SUCCESSION – Family provision and maintenance – Practice – Administrator of deceased estate – Obligation of disclosure – Location, size and value of estate and notional estate – Obligation extends to property, and property transactions, outside territorial jurisdiction of court

SUCCESSION – Family provision and maintenance – Practice – Deceased person domiciled outside territorial jurisdiction of Court – Court's jurisdiction to make family provision order limited to property within territorial jurisdiction of Court – Existence of property, and property transactions, outside territorial jurisdiction of court relevant to determination whether to make family provision order affecting property within territorial jurisdiction.