Estate of the late Janice Gruer; Application of Gail Elizabeth Rands [2018] NSWSC 401

Estate of the late Janice Gruer; Application of Gail Elizabeth Rands [2018] NSWSC 401

Ms Rands, as executrix, is justified in demanding repayment from Mr Nystrom of funds believed to be owing to the estate and, if unresolved, to commence proceedings for an account of his use of the power of attorney, with indemnity for costs from the estate.

Parties
Plaintiff: Gail Elizabeth Rands
Jurisdiction
Australia
Judgment Date
28 March 2018
Procedural Posture
Application for Judicial Advice / Judgment
Outcome
Judicial advice given
Legal Topics
Judicial Advice, Trusts and Trustees, Estate Administration
Equity Trusts Probate Judicial Advice Trusts and Trustees Estate Administration

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Parties

Gail Elizabeth Rands

Plaintiff

Procedural Posture

Application for Judicial Advice / Judgment

Legal Issues

  1. 1 Whether Ms Rands is justified in pursuing an account from Mr Nystrom for withdrawals from the estate
  2. 2 Proper administration of the estate by the executrix

Ratio Decidendi

Ms Rands, as executrix, is justified in demanding repayment from Mr Nystrom of funds believed to be owing to the estate and, if unresolved, to commence proceedings for an account of his use of the power of attorney, with indemnity for costs from the estate.

Court Disposition

Judicial advice given

Orders

  • Service of summons and statement of facts on Lars Christer Nystrom deemed effective by service on Mark Hagen, solicitor.
  • Judicial advice provided as set out in paragraphs [16]–[19] of the reasons.