Estate de Wild, deceased [2019] NSWSC 1128

Supreme Court New South Wales

Medium Neutral Citation: Estate de Wild, deceased [2019] NSWSC 1128 Hearing dates: 19 August 2019 Date of orders: 02 September 2019 Decision date: 02 September 2019 Jurisdiction: Equity - Probate List Before: Lindsay J Decision: ORDER, inter alia, that letters of administration of the estate of the deceased, to be administered as an intestate estate, be granted to the plaintiff as attorney- under-power of the next of kin (spouse) of the deceased, who is absent from the jurisdiction and living in New Zealand, limited until the absent next of kin applies for and obtains a grant of administration in his own name. Catchwords: SUCCESSION — Wills, probate and administration — Intestate estate — Grant of administration — Applicant residing outside of New South Wales — Administration granted to attorney Legislation Cited: New South Wales Act, 1823 (Imp) Probate and Administration Act 1898 NSW Succession Act 2006 NSW Supreme Court Act 1970 NSW The Third Charter of Justice Cases Cited: Bates v Messner (1967) 67 SR (NSW) 187 Bath v British and Malayan Trustees Ltd [1969] 2 NSWR 114 Estate of Kruttshnitt (deceased) (1941) 42 SR (NSW) 79 In the Goods of William Loveday [1900] P154 McCooe as Administrator of the Estate of Michael Lawrence Molloy v Pande [2017] NSWSC 219 Perpetual Trustee Company Ltd v Satchell (1939) 39 SR (NSW) 335 Re AAA [2016] NSWSC 805 The Goods of James Blackwood (1881) 2 LR (NSW) Eq, 83 The Will of Jane Thomas (1884) 1 WN (NSW) 89 Texts Cited: Mason and Handler, Succession Law and Practice (NSW) (Lexis Nexis, Australia, Loose Leaf Service)