Smith v Johnson [2008] NSWSC 923

Smith v Johnson [2008] NSWSC 923

Although there was serious hostility between the applicant and respondent and the Public Trustee was suggested, the widow had the greatest interest and would probably receive the whole estate, and the applicant was the widow's financial manager. Together with the applicant's consent from a sibling, priority in applying, and seniority among the siblings, those factors justified recommending that the Registrar grant administration to the applicant, but with an administration bond because of the bad blood between the siblings.

Jurisdiction
Australia
Judgment Date
01 September 2008
Procedural Posture
Probate; Application for Letters of Administration and Motion That a Caveat Cease to Have Effect / Ex Tempore Judgment
Outcome
The Court recommended to the Registrar that in due course administration be granted to the applicant with an administration bond.
Legal Topics
['letters of Administration' 'intestacy' 'caveat' 'administration Bond' 'public Trustee']
['succession' 'probate'] ['letters of Administration' 'intestacy' 'caveat' 'administration Bond' 'public Trustee']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Probate; Application for Letters of Administration and Motion That a Caveat Cease to Have Effect / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the caveat filed by the respondent should prevent or affect the making of a grant of letters of administration.' 'Who should be granted administration of the intestate estate of Andrew Arnold Johnson.' 'Whether an administration bond should be dispensed with in circumstances of bad blood between siblings.']

Ratio Decidendi

Although there was serious hostility between the applicant and respondent and the Public Trustee was suggested, the widow had the greatest interest and would probably receive the whole estate, and the applicant was the widow's financial manager. Together with the applicant's consent from a sibling, priority in applying, and seniority among the siblings, those factors justified recommending that the Registrar grant administration to the applicant, but with an administration bond because of the bad blood between the siblings.

Court Disposition

The Court recommended to the Registrar that in due course administration be granted to the applicant with an administration bond.

Orders

  • ['Recommend to the Registrar that in due course he grant administration to the applicant with an administration bond.' "The caveat can simply expire in eleven days' time." 'The administratrix will be entitled to her reasonable costs of obtaining a grant including her costs of this application out of the estate.']