Re Lowe [2000] NSWSC 1180

Re Lowe [2000] NSWSC 1180

Executor would be justified in selling the property if it is necessary to meet testamentary expenses of the estate, specifically costs incurred in defending Family Provision Act proceedings, as those are ordinarily considered testamentary expenses.

Parties
Executor/applicant: James David Lowe
Jurisdiction
Australia
Judgment Date
23 November 2000
Procedural Posture
Application for Judicial Advice / Judgment
Outcome
Judicial advice given; costs of application to be paid out of estate.
Legal Topics
Testamentary Expenses, Family Provision Act, Executor's Power to Sell Assets
Succession Testamentary Expenses Family Provision Act Executor's Power to Sell Assets

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Parties

James David Lowe

Executor/applicant

Procedural Posture

Application for Judicial Advice / Judgment

Legal Issues

  1. 1 Whether executor's costs for defending Family Provision Act proceedings are testamentary expenses
  2. 2 Whether executor is justified in selling estate property to meet such expenses

Ratio Decidendi

Executor would be justified in selling the property if it is necessary to meet testamentary expenses of the estate, specifically costs incurred in defending Family Provision Act proceedings, as those are ordinarily considered testamentary expenses.

Court Disposition

Judicial advice given; costs of application to be paid out of estate.

Orders

  • Executor would be justified in selling Unit 9/3 Mitchell Street, Soldiers Point if necessary to meet testamentary expenses.
  • Costs of applicant to be paid out of the estate.