Watters Re Estate of Dibbs [2006] NSWSC 1277

Watters Re Estate of Dibbs [2006] NSWSC 1277

In the circumstances, commission should be allowed at the rate of 1% on capital realisations, 0.25% on transferred assets (specifically to Mr Watters), and 3% on income collections, as a percentage award is preferable where future accounts are expected and for fairness in work done regarding the transfer of assets.

Jurisdiction
Australia
Judgment Date
28 November 2006
Procedural Posture
Probate Executors Commission Review / Application for Review of Deputy Registrar's Decision
Outcome
Decision of Deputy Registrar varied
Legal Topics
['executors Commission' "review of Registrar's Decision" 'commission on Transferred Assets' 'apportionment of Commission']
['wills and Estates' 'probate' 'administration of Estates'] ['executors Commission' "review of Registrar's Decision" 'commission on Transferred Assets' 'apportionment of Commission']

Case Brief

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Procedural Posture

Probate Executors Commission Review / Application for Review of Deputy Registrar's Decision

Legal Issues

  1. 1 ['Whether commission should be by way of percentage or lump sum' 'Whether commission should be ordered on transferred assets' 'Whether commission could be apportioned to particular executors']

Ratio Decidendi

In the circumstances, commission should be allowed at the rate of 1% on capital realisations, 0.25% on transferred assets (specifically to Mr Watters), and 3% on income collections, as a percentage award is preferable where future accounts are expected and for fairness in work done regarding the transfer of assets.

Court Disposition

Decision of Deputy Registrar varied

Orders

  • ['Order 2 of the orders made on 2 August 2006 entered on 13 September 2006 be revoked and substituted as follows: The executors Donald Campbell Watters and Lyndall Joan Dawson be allowed commission at the rate of 1% on capital realisations and 3% on income collections; Donald Campbell Watters be allowed commission...