The Estate of Alea Angelic Dupree [2021] NSWSC 1022

The Estate of Alea Angelic Dupree [2021] NSWSC 1022

It is appropriate to exercise the discretion to review and set aside the Registrar’s requisition, and to grant the applications for administration, as protection of the estates’ assets is urgent and justified on the new evidence.

Jurisdiction
Australia
Judgment Date
09 August 2021
Procedural Posture
Review of Registrar's Decision and Application for Letters of Administration / Application for Review and Grant of Administration
Outcome
Applications granted
Legal Topics
["review of Registrar's Decision Under UCPR R 49.19" 'letters of Administration' 'intestacy' 'protection of Estate Assets']
['succession' 'practice and Procedure'] ["review of Registrar's Decision Under UCPR R 49.19" 'letters of Administration' 'intestacy' 'protection of Estate Assets']

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Procedural Posture

Review of Registrar's Decision and Application for Letters of Administration / Application for Review and Grant of Administration

Legal Issues

  1. 1 ['Whether the court should set aside the Registrar’s requisition and review the decision under UCPR r 49.19' 'Whether the grant of Letters of Administration ad litem and ad colligenda bona defuncti should be made to protect the estates']

Ratio Decidendi

It is appropriate to exercise the discretion to review and set aside the Registrar’s requisition, and to grant the applications for administration, as protection of the estates’ assets is urgent and justified on the new evidence.

Court Disposition

Applications granted

Orders

  • ["Set aside Registrar’s requisition; grant Letters of Administration ad litem in respect of Alea Angelic Dupree's estate; grant Letters of Administration ad colligenda bona defuncti in respect of Miles Jack Dupree's estate; no distribution of assets until further inquiries are made."]