The Estate of Ron Tee Lim (deceased); The Application of Kaye Lim [2020] NSWSC 322

Supreme Court New South Wales

Medium Neutral Citation: The Estate of Ron Tee Lim (deceased); The Application of Kaye Lim [2020] NSWSC 322 Hearing dates: 30 March 2020 Date of orders: 30 March 2020 Decision date: 30 March 2020 Jurisdiction: Equity Before: Hallen J Decision: 1. Orders that leave be granted to Kaye Lim, the sole executrix named in the last Will dated 1 May 1986, of Ron Tee Lim, to retract the Renunciation of Probate that she executed on 29 March 2019 in respect of the said Will.

2. Makes no order as to costs to the intent that the Applicant pays her own costs of the application. Catchwords: SUCCESSION – Probate and administration – Renunciation of Probate by executrix – When renunciation may be retracted – Whether leave to retract should be given Legislation Cited: Probate and Administration Act 1898 (NSW) Cases Cited: Estate de Wild, deceased [2019] NSWSC 1128 In Re Goddard [1951] QWN 46 In the Goods of Morant (1874) LR 3 PD 151 Melville v Ancketill (1909) 25 TLR 655 Re Ahern [1951] QWN 32 Re Estate of Daphne Lillian May Thurston [2001] NSWSC 144 Re Lawrence deceased [1982] VR 826 Texts Cited: Robert Geddes, Charles Rowland and Paul Studdert, Wills, Probate and Administration Law in New South Wales (1st ed, 1996, LBC Information Services) Category: Principal judgment Parties: Kaye Lim (Applicant) Representation: Counsel: Mr J Pappas (Applicant)

Solicitors: Urania Zafiris Solicitor (Applicant) File Number(s): 2018/00203409