Di Domizio v Matalone [2012] NSWSC 296

The due administration of the estate has been prevented by the conduct or incapacity of the executors, specifically their failure to comply with the Registrar's order for delivery of accounts, which is sufficient ground for revoking the grant of probate and appointing another person as administrator.

Parties: Plaintiff: Catherine Di Domizio; 1st Defendant: Salvatore Matalone; 2nd Defendant: Gaetano Matalone
Jurisdiction: Australia
Judgment Date: 12 March 2012
Procedural Posture: Application for Revocation of Grant of Probate / Judgment After Hearing on Revocation Application
Outcome: Probate revoked; administrator appointed; costs ordered
Legal Topics: Revocation of Probate, Failure to Complete Estate Administration, Non Compliance With Orders, Appointment of Administrator

Wills and Probate Revocation of Probate Failure to Complete Estate Administration Non Compliance With Orders Appointment of Administrator

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Parties

Catherine Di Domizio

Plaintiff

Salvatore Matalone

1st Defendant

Gaetano Matalone

2nd Defendant

Procedural Posture

Application for Revocation of Grant of Probate / Judgment After Hearing on Revocation Application

Legal Issues

1 Whether the grant of probate should be revoked due to executors' failure to administer the estate and comply with court orders

Ratio Decidendi

Court Disposition

Probate revoked; administrator appointed; costs ordered

Orders

Grant of probate to the defendants revoked
Letters of administration with the will annexed to be granted to Mr Rocco Ardino, solicitor