The Estate of Smith [2024] NSWSC 725

The Estate of Smith [2024] NSWSC 725

On the basis of affidavit evidence, the absence of any claim by a de facto partner, relevant registry searches, and passage of time, the Court was satisfied that the deceased was not in a domestic partnership immediately before death; therefore, the Applicant is entitled to the grant of Letters of Administration.

Parties
Applicant: Cheryl Patricia Gladys Tudor
Jurisdiction
Australia
Judgment Date
11 June 2024
Procedural Posture
Application to Review Registrar's Decision (probate) / Hearing and Orders
Outcome
Application granted
Legal Topics
Letters of Administration, Intestacy, Domestic Partnership Determination
Succession Law Probate Letters of Administration Intestacy Domestic Partnership Determination

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Parties

Cheryl Patricia Gladys Tudor

Applicant

Procedural Posture

Application to Review Registrar's Decision (probate) / Hearing and Orders

Legal Issues

  1. 1 Whether sufficient evidence exists that the deceased was not in a domestic partnership at the date of death for the purpose of granting Letters of Administration to a niece

Ratio Decidendi

On the basis of affidavit evidence, the absence of any claim by a de facto partner, relevant registry searches, and passage of time, the Court was satisfied that the deceased was not in a domestic partnership immediately before death; therefore, the Applicant is entitled to the grant of Letters of Administration.

Court Disposition

Application granted

Orders

  • The time for the filing of the application for review of the Registrar’s decision made on 12 March 2024 is extended to 1 May 2024.
  • The Registrar’s decision is set aside.