Estate of Lyn Burtonwood [2020] NSWSC 715

Estate of Lyn Burtonwood [2020] NSWSC 715

On balance of probabilities, the evidence—especially the Coroner’s findings and absence of any motive for disappearance—supports the inference that Lyn Burtonwood died on 16 February 2019 by drowning, even though his body was not recovered; therefore, Letters of Administration with Will annexed may be granted without the words 'on presumption of death'.

Jurisdiction
Australia
Judgment Date
11 June 2020
Procedural Posture
Succession/probate / Application for Letters of Administration With Will Annexed
Outcome
Letters of Administration with Will annexed granted to Che Burtonwood without use of 'on presumption of death'.
Legal Topics
['presumption of Death' 'inference of Death' 'letters of Administration' 'will Compliance' 'practice and Procedure']
['succession Law' 'probate' 'equity'] ['presumption of Death' 'inference of Death' 'letters of Administration' 'will Compliance' 'practice and Procedure']

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Procedural Posture

Succession/probate / Application for Letters of Administration With Will Annexed

Legal Issues

  1. 1 ['Whether Letters of Administration must be granted on presumption of death where body is not found' "Whether sufficient evidence exists to infer death without use of 'on presumption of death' in the grant" 'Distinction between presumption of death and inference of death under New South Wales law']

Ratio Decidendi

On balance of probabilities, the evidence—especially the Coroner’s findings and absence of any motive for disappearance—supports the inference that Lyn Burtonwood died on 16 February 2019 by drowning, even though his body was not recovered; therefore, Letters of Administration with Will annexed may be granted without the words 'on presumption of death'.

Court Disposition

Letters of Administration with Will annexed granted to Che Burtonwood without use of 'on presumption of death'.

Orders

  • ["Court declared the document dated 25 April 1990 forms the deceased's Will." 'Ordered grant of Letters of Administration with Will annexed to Che Burtonwood.' "No requirement to include 'on presumption of death' in the grant."]