Deputy Curator of Deceased Estates, in the matter of Champion [2023] NFSC 3

Deputy Curator of Deceased Estates, in the matter of Champion [2023] NFSC 3

The Court accepted the Deputy Curator's evidence of the relevant family history, searches and inquiries. Sarah Clara Champion died while the 1860 Norfolk Island Land Laws governed intestate land succession, so her surviving husband took a life interest that ended on his death and the estate then passed equally to...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 November 2023
Procedural Posture
Succession Application by Deputy Curator of Deceased Estates Under S 130 of the Administration and Probate Act 2006 (ni) for Opinion, Advice, Directions, Determinations and Orders in Administration of Estates / Determined on the Papers; Reasons Delivered Before Final Form of Orders
Outcome
Orders for distribution sought by the Deputy Curator should be made, with the Deputy Curator given an opportunity to be heard further on the form of orders.
Legal Topics
['distribution by Curator of Deceased Estates' 'intestacy' 'executor of Executor and Succeeding Executors' 'limited Grants of Administration' 'benjamin Orders' 'norfolk Island Land Succession Laws']
['succession' 'probate and Administration' 'trusts and Estates'] ['distribution by Curator of Deceased Estates' 'intestacy' 'executor of Executor and Succeeding Executors' 'limited Grants of Administration' 'benjamin Orders' 'norfolk Island Land Succession Laws']

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Procedural Posture

Succession Application by Deputy Curator of Deceased Estates Under S 130 of the Administration and Probate Act 2006 (ni) for Opinion, Advice, Directions, Determinations and Orders in Administration of Estates / Determined on the Papers; Reasons Delivered Before Final Form of Orders

Legal Issues

  1. 1 ['Whether the estate of Sarah Clara Champion, who died intestate in Norfolk Island in 1894, should be distributed under the 1860 Laws for Regulating the Transfer of, and Dealings in Land in Norfolk Island.' 'Whether the Curator should be specially authorised to distribute assets of the estates of William Nihill Champion and Sarah Clara Champion.' "Whether there were succeeding executors for the deceased beneficiaries' estates or whether limited administrators should be appointed." 'Whether distribution of the shares of William Anderson Champion and Malcolm Eadie Champion could proceed on the presumption that they died intestate, with Benjamin orders.']

Ratio Decidendi

The Court accepted the Deputy Curator's evidence of the relevant family history, searches and inquiries. Sarah Clara Champion died while the 1860 Norfolk Island Land Laws governed intestate land succession, so her surviving husband took a life interest that ended on his death and the estate then passed equally to her five surviving children. For the children's deceased estates, the evidence established either appropriate succeeding executors or the need for limited administrators because the chain of representation was broken or no will had been located. Further searches for wills or additional beneficiaries for William Anderson Champion and Malcolm Eadie Champion were unlikely to be...

Court Disposition

Orders for distribution sought by the Deputy Curator should be made, with the Deputy Curator given an opportunity to be heard further on the form of orders.

Orders

  • ['To the extent necessary, the Deputy Curator be heard further on the form of the orders to be made.']