Application by Paul Andrew Brown as executor of the estate of the late Joseph Kosytorz (No 2) [2018] NSWSC 334

Supreme Court New South Wales

Medium Neutral Citation: Application by Paul Andrew Brown as executor of the estate of the late Joseph Kosytorz (No 2) [2018] NSWSC 334 Hearing dates: On the papers Decision date: 19 March 2018 Jurisdiction: Equity Before: Ward CJ in Eq Decision: (1) Declare that on 18 November 2015, Erika Cristina de Andrade and Andrew Cahill exercised the election granted to them in clause 8 of the will of the late Joseph Kosytorz made 12 August 2014 by way of an email transmitted from Andrew Cahill on behalf of himself and Erika Cristina de Andrade to the plaintiff and Taryn Ho. (2) Declare that, upon a proper construction of the will of the late Joseph Kosytorz made 12 August 2014 that the date as at which the valuations are to be obtained by the plaintiff as executor in accordance with clause 8 of the will is the date of the exercise of the said election or as soon as reasonably practicable thereafter and that the property is to be valued as at the date of the said election. (3) Order that the executor's costs of the proceedings after 11 December 2017 be paid out of the estate of the late Joseph Kosytorz on the indemnity basis. Catchwords: SUCCESSION – declaration that right of election to purchase estate property has been exercised by beneficiaries – construction of valuation clause in will Legislation Cited: Probate and Administration Act 1893 (NSW), s 84A Succession Act 2006 (NSW), s 45 Trustee Act 1925 (NSW), s 63 Cases Cited: Application by Paul Andrew Brown as executor of the estate of the late Joseph Kosytorz [2017] NSWSC 1774 Category: Principal judgment Parties: Application by Paul Andrew Brown as executor of the estate of the late Joseph Kosytorz (Plaintiff) Andrew Domaradzki (First Defendant) Maria Fatima Costa (Second Defendant) Representation: Counsel: RW Tregenza (Plaintiff)