Romano v Romano; Estate of Giacomo Romano [2004] NSWSC 775

Romano v Romano; Estate of Giacomo Romano [2004] NSWSC 775

The funds held in the estate are clearly sufficient to pay the $200,000 pecuniary legacy owed to Jeanette Romano, and the court has jurisdiction and should exercise discretion to order an interim distribution of that legacy, despite the estate not being fully administered, as there is a clear entitlement and adequate assets to ensure safe payment.

Jurisdiction
Australia
Judgment Date
26 August 2004
Procedural Posture
Succession Administration of Estate / Interim Applications Prior to Full Administration; Judgment on Notice of Motion
Outcome
Order for separate determination of question and for interim distribution of pecuniary legacy.
Legal Topics
['executor Duties' 'interim Distribution' 'administration of Estate' 'pecuniary Legacy' 'beneficial Entitlement']
['succession Law' 'equity'] ['executor Duties' 'interim Distribution' 'administration of Estate' 'pecuniary Legacy' 'beneficial Entitlement']

Case Brief

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Procedural Posture

Succession Administration of Estate / Interim Applications Prior to Full Administration; Judgment on Notice of Motion

Legal Issues

  1. 1 ['Whether the executor can be compelled to make interim distribution of pecuniary legacy prior to full administration of estate' 'Whether court should exercise discretion to order payment of legacy despite estate being unadministered']

Ratio Decidendi

The funds held in the estate are clearly sufficient to pay the $200,000 pecuniary legacy owed to Jeanette Romano, and the court has jurisdiction and should exercise discretion to order an interim distribution of that legacy, despite the estate not being fully administered, as there is a clear entitlement and adequate assets to ensure safe payment.

Court Disposition

Order for separate determination of question and for interim distribution of pecuniary legacy.

Orders

  • ['Order pursuant to Part 31 rule 2 of the Supreme Court Rules that the question whether the claim in paragraph 9(i) of the statement of claim should be granted be decided separately from and in advance of the balance of the statement of claim.' 'Order claimed in paragraph 9(i) of the statement of claim:...