Estate of Raynish [2018] NSWSC 1021

Supreme Court New South Wales

Medium Neutral Citation: Estate of Raynish [2018] NSWSC 1021 Hearing dates: 2 July 2018 Date of orders: 02 July 2018 Decision date: 02 July 2018 Jurisdiction: Equity Before: Kunc J Decision: Interim distribution ordered Catchwords: SUCCESSION — Executors and administrators — Administration — Interim distribution — Probate and Administration Act 1898, s 84 Legislation Cited: Probate and Administration Act 1898 (NSW) Cases Cited: Romano v Romano; Estate of Giacomo Romano [2004] NSWSC 775 Stojic v Stojic [2018] NSWSC 723 Stokes (by a tutor) v McCourt [2013] NSWSC 1014 Young v Jackman (1986) 7 NSWLR 97 Category: Principal judgment Parties: Susan Shine (Applicant) Jeannette Raynish (Respondent) Representation: Counsel: I Pike SC and P F Santucci (Applicant) R Wilson SC and N Bilinsky (Respondent)

Solicitors: Marque Lawyers (Applicant) Glass Goodwin (Respondent) File Number(s): 2016/143890 Publication restriction: No

ex tempore Judgment (rEVISED)

Summary 1. This judgment resolves another round in a bitter dispute between two sisters about their late mother's estate. 2. The applicant is Ms Susan Shine. She was represented by Mr I Pike of Senior Counsel with Mr P F Santucci of Counsel. The respondent is Ms Jeannette Raynish. She was represented by Mr R Wilson of Senior Counsel with Mr N Bilinsky of Counsel. The parties' late mother, Ms Helena Raynish, died on 6 September 2015, aged 93. Without disrespect, I shall refer to the various family members by their given names. 3. Probate of Helena's estate was granted to Susan and Jeannette on 13 September 2016. They are co-executrices and each is a 50 per cent beneficiary. The estate is substantial, with a current value of nearly $11 million. Unfortunately, there is no love lost between Susan and Jeannette. 4. By notice of motion filed on 29 November 2017, Susan seeks these orders: "1. An order pursuant to section 84 of the Probate and Administration Act 1898, that the amount of $8,661,685 be distributed to Jeannette Raynish and Susan Shine in equal shares as beneficiaries under the Will of Helena Raynish (the Deceased). 2. In the alternative, an order that Jeannette Raynish make further distributions to Susan Shine from the Deceased's estate of such an amount as the Court sees fit. 3. Costs. 4. Such other orders as the Court thinks necessary." 1. During the course of argument, in a process for which the parties and their lawyers are to be commended, the parties agreed that if the Court were minded to make an order for interim distribution, the amount of that distribution should be $4,452,942 to be divided equally between Susan and Jeannette. I will direct that the handwritten document setting out how that amount is calculated, entitled "Respondent's Schedule", which I have initialled and dated today, be kept with the Court's file. 2. The debate before me ultimately focussed on two reasons why Jeannette argued that no interim distribution should be made (or at least why what was sought should be significantly reduced): that Susan was in contempt of orders made in related proceedings, or, further and alternatively, as a matter of discretion because of other proceedings in which Jeannette alleged Susan had breached her fiduciary duties to Helena. 3. For reasons which I will now set out, the Court does not accept either of these arguments. It is satisfied that an order for interim distribution should be made in the amount agreed by the parties.