Re Estate GR, deceased [2015] NSWSC 1584

Re Estate GR, deceased [2015] NSWSC 1584

Given unresolved controversy over the validity of the 2015 will and AR's failure to properly bring that will forward, probate in common form is granted to the 2007 will and administration to the NSW Trustee, with liberty reserved to AR to apply within a specified period to propound the 2015 will.

Parties
Son of the Deceased: IR; Son of the Deceased: AR; Widow of the Deceased (by the NSW Trustee as Her Financial Manager): MR; Administrator of the Estate of the Deceased, by an Interim Grant: NSW Trustee; Guardian of MR: Public Guardian
Jurisdiction
Australia
Judgment Date
26 October 2015
Procedural Posture
Succession – Probate / Application for Grant of Letters of Administration With the Will Annexed
Outcome
Grant of probate in common form of 2007 will; administration with the will annexed to the NSW Trustee; liberty reserved to AR to apply to revoke the grant in favour of the 2015 will within specified time; costs orders as specified.
Legal Topics
Probate, Letters of Administration, Validity of Wills, Testamentary Capacity, Revocation of Grant, Administrator—nsw Trustee
Succession Law Probate Letters of Administration Validity of Wills Testamentary Capacity Revocation of Grant Administrator—nsw Trustee

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Parties

IR

Son of the Deceased

AR

Son of the Deceased

MR

Widow of the Deceased (by the NSW Trustee as Her Financial Manager)

NSW Trustee

Administrator of the Estate of the Deceased, by an Interim Grant

Public Guardian

Guardian of MR

Procedural Posture

Succession – Probate / Application for Grant of Letters of Administration With the Will Annexed

Legal Issues

  1. 1 Whether the will dated 3 March 2015 is valid or should be passed over in favour of the 2007 will
  2. 2 Whether AR's conduct in procuring the 2015 will and appropriating estate assets affects administration
  3. 3 Proper appointment of an administrator given MR's incapacity

Ratio Decidendi

Given unresolved controversy over the validity of the 2015 will and AR's failure to properly bring that will forward, probate in common form is granted to the 2007 will and administration to the NSW Trustee, with liberty reserved to AR to apply within a specified period to propound the 2015 will.

Court Disposition

Grant of probate in common form of 2007 will; administration with the will annexed to the NSW Trustee; liberty reserved to AR to apply to revoke the grant in favour of the 2015 will within specified time; costs orders as specified.

Orders

  • The will dated 27 March 2007 of GR admitted to probate in common form.
  • Letters of administration with the will annexed granted to the NSW Trustee.