Sergent v Glass [2017] NSWSC 1446

Sergent v Glass [2017] NSWSC 1446

The orders were appropriate because the defendant was an independent solicitor already appointed to represent the estate, the deceased died intestate, the widow entitled on intestacy was believed to be in Hong Kong and had not responded to attempted notification, and the limited grant was sought not to bring a family provision claim but to enable the existing family provision proceedings to be defended, compromised and determined and to allow judicial advice to be sought. In those circumstances it was also appropriate to dispense with notice, bond or sureties, and other Probate Rules requirements.

Jurisdiction
Australia
Judgment Date
13 October 2017
Procedural Posture
Family Provision Proceedings; Notice of Motion for Special Letters of Administration Ad Litem / Application by Notice of Motion Filed 12 October 2017 Granted Ex Tempore on 13 October 2017
Outcome
Notice of motion granted; special letters of administration granted to the defendant on a limited basis; specified service on Ms Shin directed; defendant's costs ordered on an indemnity basis out of the estate assets.
Legal Topics
['administration Ad Litem' 'special Letters of Administration' 'family Provision Proceedings' 'dispensing With Notice and Administration Bond' 'service by Email and Facebook Messenger']
['succession' 'probate and Administration' 'civil Procedure'] ['administration Ad Litem' 'special Letters of Administration' 'family Provision Proceedings' 'dispensing With Notice and Administration Bond' 'service by Email and Facebook Messenger']

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Procedural Posture

Family Provision Proceedings; Notice of Motion for Special Letters of Administration Ad Litem / Application by Notice of Motion Filed 12 October 2017 Granted Ex Tempore on 13 October 2017

Legal Issues

  1. 1 ['Whether special letters of administration of the estate of Andrew Paul Sergent deceased should be granted to the defendant, limited to defending and compromising the family provision proceedings until an unlimited grant of administration is made or further order.' 'Whether the Court should dispense with publication of notice of intention to make the application, the need for an administration bond or sureties, and further Probate Rules requirements.' 'Whether documents required to be served on Ms Shin should be taken to have been served if sent by email and Facebook messenger.']

Ratio Decidendi

The orders were appropriate because the defendant was an independent solicitor already appointed to represent the estate, the deceased died intestate, the widow entitled on intestacy was believed to be in Hong Kong and had not responded to attempted notification, and the limited grant was sought not to bring a family provision claim but to enable the existing family provision proceedings to be defended, compromised and determined and to allow judicial advice to be sought. In those circumstances it was also appropriate to dispense with notice, bond or sureties, and other Probate Rules requirements.

Court Disposition

Notice of motion granted; special letters of administration granted to the defendant on a limited basis; specified service on Ms Shin directed; defendant's costs ordered on an indemnity basis out of the estate assets.

Orders

  • ['Orders in accordance with paragraphs 1 and 2 of the Notice of Motion filed 12 October 2017.' 'Special letters of administration of the estate of Andrew Paul Sergent deceased granted to the defendant, limited to defending proceedings number 2017/194970 brought by Thomas Declan Sergent and Clive Raymond Sergent as...