The Estate of Raymond David [2022] NSWSC 48

The Estate of Raymond David [2022] NSWSC 48

The urgent need to preserve estate assets, particularly proceeds of a pre-death contract of sale and to avoid damages claims, justifies the appointment of administrators cum testamento annexo colligenda bona with limited powers and dispensation of certain procedural requirements under the Probate and Administration Act 1898 (NSW).

Parties
Plaintiff: Garry Neville Penhall; Plaintiff: Daniel George David
Jurisdiction
Australia
Judgment Date
01 February 2022
Procedural Posture
Succession/probate / Application for Appointment of Administrators Cum Testamento Annexo Colligenda Bona
Outcome
Application granted
Legal Topics
Appointment of Administrators, Preservation of Estate Assets, Administration Cum Testamento Annexo Colligenda Bona
Succession Law Equity Appointment of Administrators Preservation of Estate Assets Administration Cum Testamento Annexo Colligenda Bona

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Parties

Garry Neville Penhall

Plaintiff

Daniel George David

Plaintiff

Procedural Posture

Succession/probate / Application for Appointment of Administrators Cum Testamento Annexo Colligenda Bona

Legal Issues

  1. 1 Whether urgent appointment of administrators cum testamento annexo colligenda bona is warranted to preserve estate assets and facilitate completion of the Contract for Sale
  2. 2 Whether dispensation of publication of notice, administration bond, and further Probate Rules requirements is appropriate
  3. 3 Scope and limitation of administration pending formal grant of probate

Ratio Decidendi

The urgent need to preserve estate assets, particularly proceeds of a pre-death contract of sale and to avoid damages claims, justifies the appointment of administrators cum testamento annexo colligenda bona with limited powers and dispensation of certain procedural requirements under the Probate and Administration Act 1898 (NSW).

Court Disposition

Application granted

Orders

  • Plaintiffs Garry Neville Penhall and Daniel George David appointed administrators cum testamento annexo colligenda bona of the Will dated 1 October 2021 of Raymond David, subject to limitations.
  • Dispensation with publication of notice, need for administration bond or sureties, and further Probate Rules requirements in relation to the application for interim relief.