Christie v Ashton [2011] NSWSC 1600

Christie v Ashton [2011] NSWSC 1600

Because the defendant's ill health, failure to respond to communications, failure to provide necessary information, and inaction meant that the estate could not be properly administered if he remained as one of the executors, the reseal of the grant of probate made to both executors was revoked and a fresh reseal...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 November 2011
Procedural Posture
Application for Revocation of Reseal and Grant of Probate / Interlocutory Applications
Outcome
Reseal revoked and fresh reseal ordered; defendant ordered to deliver estate assets and records and pay costs; liberty to apply granted; proceedings referred to the Registrar to complete the fresh reseal.
Legal Topics
['revocation of Reseal' 'grant of Probate' 'removal of Executor' 'administration of Estate' 'costs']
['wills, Probate and Administration'] ['revocation of Reseal' 'grant of Probate' 'removal of Executor' 'administration of Estate' 'costs']

Source-derived case record

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Procedural Posture

Application for Revocation of Reseal and Grant of Probate / Interlocutory Applications

Legal Issues

  1. 1 ['Whether the reseal of the grant of probate made to the plaintiff and defendant should be revoked and a fresh reseal made because the defendant executor was unable to assist in administration of the estate.' 'Whether the defendant should be removed as trustee of the will.' 'Whether assets in New South Wales should be vested in new trustees of the will.' 'Whether the estate or the defendant should bear the costs of the application.']

Ratio Decidendi

Because the defendant's ill health, failure to respond to communications, failure to provide necessary information, and inaction meant that the estate could not be properly administered if he remained as one of the executors, the reseal of the grant of probate made to both executors was revoked and a fresh reseal ordered. The defendant was ordered to deliver estate assets and records in his possession or control and to pay the plaintiff's costs. The Court did not make the trustee removal or vesting orders because administration was not complete and the executors had not assumed the role of trustees.

Court Disposition

Reseal revoked and fresh reseal ordered; defendant ordered to deliver estate assets and records and pay costs; liberty to apply granted; proceedings referred to the Registrar to complete the fresh reseal.

Orders

  • ['Order that the reseal of the grant of probate of the will of the late Peter Walter Charles Snell dated 11 July 2000 made to the plaintiff and the defendant on 20 March 2009 be revoked and a fresh reseal be made to the plaintiff, Paul Edward Freed, solicitor, of 304 Kingsway, Caringbah.' 'Order that within...