Thomas v Aplitt & Anor [2023] NSWSC 727

Thomas v Aplitt & Anor [2023] NSWSC 727

The grant of Probate should be revoked and a new grant of letters of administration with the copy Will annexed to the Plaintiff are made, as the Defendants failed to properly administer the estate for over 25 years, the delay is extraordinary and unjustified, and the Plaintiff and relevant beneficiaries consented to the orders. The proper administration of the estate is advanced by appointing the Plaintiff as administrator. The Defendants are restrained from acting as legal personal representatives and should deliver up the original grant. Plaintiff's costs to be borne from Defendants' shares.

Parties
Plaintiff: Janice Millicent Thomas; First Defendant: Jeffrey Arthur Aplitt; Second Defendant: James Robert Keith Aplitt
Jurisdiction
Australia
Judgment Date
28 June 2023
Procedural Posture
Principal Judgment / Determination of Separate Question; Orders for Revocation of Probate and Grant of Administration
Outcome
Grant of Probate revoked; letters of administration with Will annexed granted to Plaintiff; Defendants restrained and required to deliver up grant; costs ordered as specified.
Legal Topics
Revocation of Probate, Removal and Discharge of Executors, Delay in Administration of Estate, Grant of Letters of Administration, Estate Administration, Trusts and Trustees
Succession Equity Civil Procedure Revocation of Probate Removal and Discharge of Executors Delay in Administration of Estate Grant of Letters of Administration Estate Administration +1 more

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Parties

Janice Millicent Thomas

Plaintiff

Jeffrey Arthur Aplitt

First Defendant

James Robert Keith Aplitt

Second Defendant

Procedural Posture

Principal Judgment / Determination of Separate Question; Orders for Revocation of Probate and Grant of Administration

Legal Issues

  1. 1 Whether the grant of Probate issued in 2000 should be revoked due to delayed and incomplete administration of the estate
  2. 2 Whether Plaintiff should be appointed administrator with Will annexed
  3. 3 Whether Defendants should be restrained from acting as executors or personal representatives

Ratio Decidendi

The grant of Probate should be revoked and a new grant of letters of administration with the copy Will annexed to the Plaintiff are made, as the Defendants failed to properly administer the estate for over 25 years, the delay is extraordinary and unjustified, and the Plaintiff and relevant beneficiaries consented to the orders. The proper administration of the estate is advanced by appointing the Plaintiff as administrator. The Defendants are restrained from acting as legal personal representatives and should deliver up the original grant. Plaintiff's costs to be borne from Defendants' shares.

Court Disposition

Grant of Probate revoked; letters of administration with Will annexed granted to Plaintiff; Defendants restrained and required to deliver up grant; costs ordered as specified.

Orders

  • Grant of Probate issued in 2000 revoked.
  • Letters of administration with copy Will annexed granted to Plaintiff.