The Estate of Ron Tee Lim (deceased); The Application of Kaye Lim [2020] NSWSC 322

The Estate of Ron Tee Lim (deceased); The Application of Kaye Lim [2020] NSWSC 322

Leave to retract the renunciation was granted because, although Kaye Lim's renunciation had been filed and therefore required the Court's leave to withdraw, allowing retraction would be for the benefit of the estate: she was the sole surviving executrix and sole surviving beneficiary named in the deceased's Will, and apart from relatively modest creditors there were no other persons with an interest in the estate.

Jurisdiction
Australia
Judgment Date
30 March 2020
Procedural Posture
Succession Probate Application for Leave to Retract a Renunciation of Probate / Notice of Motion Determined on the Papers
Outcome
Application granted; no order as to costs.
Legal Topics
['renunciation of Probate' 'retraction of Renunciation' 'executrix Outside the Jurisdiction' 'grant of Probate']
['succession' 'probate and Administration'] ['renunciation of Probate' 'retraction of Renunciation' 'executrix Outside the Jurisdiction' 'grant of Probate']

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Procedural Posture

Succession Probate Application for Leave to Retract a Renunciation of Probate / Notice of Motion Determined on the Papers

Legal Issues

  1. 1 ['Whether Kaye Lim should be granted leave to retract the Renunciation of Probate executed on 29 March 2019 and filed in the Supreme Court of New South Wales.' "Whether allowing retraction of the renunciation would be for the benefit of the estate or those interested under the deceased's Will." 'Whether the fact that Kaye Lim was outside the jurisdiction affected the procedure for obtaining a grant.']

Ratio Decidendi

Leave to retract the renunciation was granted because, although Kaye Lim's renunciation had been filed and therefore required the Court's leave to withdraw, allowing retraction would be for the benefit of the estate: she was the sole surviving executrix and sole surviving beneficiary named in the deceased's Will, and apart from relatively modest creditors there were no other persons with an interest in the estate.

Court Disposition

Application granted; no order as to costs.

Orders

  • ['Orders that leave be granted to Kaye Lim, the sole executrix named in the last Will dated 1 May 1986, of Ron Tee Lim, to retract the Renunciation of Probate that she executed on 29 March 2019 in respect of the said Will.' 'Makes no order as to costs to the intent that the Applicant pays her own costs of the...