Re Estate of the Late Tanju (Andrew) Assim; Application of Ayleen Assim and Elise Assim [2015] NSWSC 337

Re Estate of the Late Tanju (Andrew) Assim; Application of Ayleen Assim and Elise Assim [2015] NSWSC 337

The plaintiffs sufficiently demonstrated that the deceased died intestate, that they were the persons entitled to the estate on intestacy, and that urgent appointment was necessary to preserve the value of the real estate business because there was no signatory to its trust account. However, the demonstrated necessity justified only a limited administration: the plaintiffs could appoint directors to the three companies and conduct their affairs in the ordinary course or as necessary to preserve assets, but broader powers such as selling estate assets were not presently shown to be necessary.

Jurisdiction
Australia
Judgment Date
30 March 2015
Procedural Posture
Application for Appointment as Administrators of Estate Under Probate and Administration Act 1898 S 74 / Urgent Application for Limited Administration Pending a Grant of Probate or Administration
Outcome
Plaintiffs appointed administrators of the estate with limitations on their powers pending a grant of probate or administration; administration bond and sureties dispensed with; liberty to apply granted; costs to be paid from the estate on the indemnity basis.
Legal Topics
['appointment of Administrators' 'intestacy' 'limited Administration Ad Colligenda Bona Defuncti' 'single Director and Single Shareholder Proprietary Companies' 'preservation of Estate Assets' 'real Estate Agency Trust Account']
['estate Administration' 'probate' 'corporations'] ['appointment of Administrators' 'intestacy' 'limited Administration Ad Colligenda Bona Defuncti' 'single Director and Single Shareholder Proprietary Companies' 'preservation of Estate Assets' 'real Estate Agency Trust Account']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Appointment as Administrators of Estate Under Probate and Administration Act 1898 S 74 / Urgent Application for Limited Administration Pending a Grant of Probate or Administration

Legal Issues

  1. 1 ["Whether the plaintiffs should be appointed administrators of the deceased's estate under Probate and Administration Act 1898 s 74." 'Whether the appointment should be limited to the purpose of preserving estate assets pending a full grant of administration or probate.' "Whether the plaintiffs should be able to appoint directors to the deceased's proprietary companies under Corporations Act 2001 (Cth) s 201F." 'Whether an administration bond or sureties should be required.']

Ratio Decidendi

The plaintiffs sufficiently demonstrated that the deceased died intestate, that they were the persons entitled to the estate on intestacy, and that urgent appointment was necessary to preserve the value of the real estate business because there was no signatory to its trust account. However, the demonstrated necessity justified only a limited administration: the plaintiffs could appoint directors to the three companies and conduct their affairs in the ordinary course or as necessary to preserve assets, but broader powers such as selling estate assets were not presently shown to be necessary.

Court Disposition

Plaintiffs appointed administrators of the estate with limitations on their powers pending a grant of probate or administration; administration bond and sureties dispensed with; liberty to apply granted; costs to be paid from the estate on the indemnity basis.

Orders

  • ['Upon the undertaking of Charly Tannous to pay the filing fee by 4 pm on Monday, 30 March 2015, leave granted to the plaintiffs to file in Court a summons for administration.' 'Leave granted to the plaintiffs to file the affidavit of Tayfun Mustafa Demirezen sworn on 27 March 2015, the affidavit of Ayleen Frances...