Crnjanin v Ioos; Ioos v Crnjanin [2010] NSWSC 750

Crnjanin v Ioos; Ioos v Crnjanin [2010] NSWSC 750

On the evidence available, including affidavit material and documentary support, the plaintiff trustee would be justified in paying the half share in Olga Lisevich's estate to Marianna Ioos as the person referred to in the will as 'Marianna Ioos who resides in the USSR.'

Parties
Plaintiff in 10/187336 and Defendant in 10/107053: Jovan Milan Crnjanin; Plaintiff in 10/107053 and Defendant in 10/187336: Marianna Ioos
Jurisdiction
Australia
Judgment Date
05 July 2010
Procedural Posture
Judicial Advice Application Under Trustee Act 1925 (nsw) / Final Judgment
Outcome
Direction given that the plaintiff trustee would be justified in paying the half share to Marianna Ioos; associated orders for costs and discharge of the administration bond and undertaking.
Legal Topics
Judicial Advice to Trustee, Beneficiary Identification, Estate Distribution
Trusts Probate Equity Judicial Advice to Trustee Beneficiary Identification Estate Distribution

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Parties

Jovan Milan Crnjanin

Plaintiff in 10/187336 and Defendant in 10/107053

Marianna Ioos

Plaintiff in 10/107053 and Defendant in 10/187336

Procedural Posture

Judicial Advice Application Under Trustee Act 1925 (nsw) / Final Judgment

Legal Issues

  1. 1 Whether the trustee would be justified in paying a half share in the estate to the person claiming to be the beneficiary described in the will as 'Marianna Ioos who resides in the USSR'

Ratio Decidendi

On the evidence available, including affidavit material and documentary support, the plaintiff trustee would be justified in paying the half share in Olga Lisevich's estate to Marianna Ioos as the person referred to in the will as 'Marianna Ioos who resides in the USSR.'

Court Disposition

Direction given that the plaintiff trustee would be justified in paying the half share to Marianna Ioos; associated orders for costs and discharge of the administration bond and undertaking.

Orders

  • Direction to plaintiff trustee to pay half share in estate of Olga Lisevich deceased to Marianna Ioos.
  • Plaintiff and Marianna's costs to be paid out of the estate.