Re Estate Jerrard, deceased [2018] NSWSC 781

Supreme Court New South Wales

Medium Neutral Citation: Re Estate Jerrard, deceased [2018] NSWSC 781 Hearing dates: 28 May 2018 Date of orders: 08 June 2018 Decision date: 08 June 2018 Jurisdiction: Equity - Probate List Before: Lindsay J Decision: A distribution order under Part 4.4 of the Succession Act 2006 NSW made in favour of the mother of a deceased Indigenous man, thereby reducing the share of the deceased's estate to be distributed to his father under the general intestacy rules for which Part 4.3 of the Act provides. Catchwords: Succession – Intestacy and distribution on intestacy – Indigenous intestate – Intestate never married; died without partner, issue, dependents or debts – Contest between his parents, both members of the same Indigenous community as their son – Adjustment of their respective entitlements to share the estate under general rules of intestacy – Distribution order made, in favour of mother without exclusion of father, under Succession Act 2006 NSW, section 134. Legislation Cited: Civil Procedure Act 2005 NSW Evidence Act 1995 NSW Family Law Act 1975 Cth Probate and Administration Act 1898 NSW Property (Relationships) Act 1984 NSW. Succession Act 2006 NSW Testator's Family Maintenance and Guardianship of Infants Act 1916 NSW Uniform Civil Procedure Rules 2005 NSW Cases Cited: In the Estate of Mark Edward Tighe [2018] NSWSC 163 Re Estate Wilson, deceased [2017] NSWSC 1; 93 NSWLR 119. Sanders v Sanders (1967) 116 CLR 366 Shaw v Wolf (1998) 83 FCR 113 at 117-122 Stanford v Stanford (2012) 247 CLR 108 Texts Cited: GE Dal Pont and KF Mackie Law of Succession (LexisNexis Butterworths, Australia, 2nd ed, 2017) para [9.76] Pearce and RS Geddes, Statutory Interpretation in Australia (LexisNexis Butterworths, Australia, 8th ed, 2014), para [12.15]. Category: Principal judgment Parties: Plaintiff: Nicole Georgina Blacklock Defendant: Gerard Alexander Jerrard Representation: Counsel: Plaintiff: I Coleman SC and L Clarke Defendant: S Chapple