The Estate of Denise Daughne Kelpe [2019] NSWSC 1226

Supreme Court New South Wales

Medium Neutral Citation: The Estate of Denise Daughne Kelpe [2019] NSWSC 1226 Hearing dates: 16 September 2019 Date of orders: 16 September 2019 Decision date: 16 September 2019 Jurisdiction: Equity Before: Parker J Decision: The plaintiff is justified in distributing the estate of the late Denise Daughne Kelpe who died on 11 November 2017 and whose estate is the subject of the grant of letters of administration with the will annexed issued by the Court on 14 November 2018, so far as concerns the shares of residue given under Clause 3(e)(ii) of the said will to "Catherine G W McLenalan" and "Arthur H H Tyrer", to the Crown as bona vacantia. Catchwords: TRUSTS AND TRUSTEES – judicial advice – Re Benjamin application for directions as to the distribution of the estate – whether four-person residuary bequest a class gift – where four persons named in bequest have no identifying characteristic – will created prior to operation of Succession Act 2006 (NSW)– whether Crown entitled to two shares falling into intestacy – sufficiency of administrator's investigations. Legislation Cited: Succession Act 2006 (NSW), s 42 Cases Cited: Re Benjamin [1902] 1 Ch 723 Estate of Meyerfeld [2019] NSWSC 156 The Estate of the Late Bernard Sullivan Smith [2018] NSWSC 97 Texts Cited: Nil Category: Principal judgment Parties: Vera Antonia Konsuo (Administrator) Representation: Counsel: J Gatland

Solicitors: Jonathan Abbott & Associates (Administrator) File Number(s): 2017/378290 Publication restriction: Nil