Kupronow v NSW Trustee & Guardian [2018] NSWSC 1169

Kupronow v NSW Trustee & Guardian [2018] NSWSC 1169

Because Stanislaw Kaczmarkiewicz had not been heard from by family since the early 1950s despite enquiries, but there was only evidence of absence and no evidence of accident or foul play, it was inappropriate to declare him dead. A Benjamin Order was sufficient to allow the NSW Trustee and Guardian to distribute...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 July 2018
Procedural Posture
Equity Applications List; Application Concerning Administration of an Intestate Estate / Hearing and Orders on 27 July 2018
Outcome
Benjamin Order made.
Legal Topics
['intestate Succession' 'missing Beneficiary' 'benjamin Order' 'declaration of Death']
['wills, Probate and Administration' 'equity'] ['intestate Succession' 'missing Beneficiary' 'benjamin Order' 'declaration of Death']

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Procedural Posture

Equity Applications List; Application Concerning Administration of an Intestate Estate / Hearing and Orders on 27 July 2018

Legal Issues

  1. 1 ["Whether the Court should declare Stanislaw Kaczmarkiewicz deceased or instead make a Benjamin Order in relation to the portion of Jan Kaczmarkiewicz's intestate estate otherwise payable to him." 'Whether the NSW Trustee & Guardian should be at liberty to distribute the portion of the estate otherwise payable to Stanislaw Kaczmarkiewicz to Lucyna Kupronow.']

Ratio Decidendi

Because Stanislaw Kaczmarkiewicz had not been heard from by family since the early 1950s despite enquiries, but there was only evidence of absence and no evidence of accident or foul play, it was inappropriate to declare him dead. A Benjamin Order was sufficient to allow the NSW Trustee and Guardian to distribute the portion of Jan Kaczmarkiewicz's intestate estate otherwise payable to Stanislaw to Lucyna Kupronow.

Court Disposition

Benjamin Order made.

Orders

  • ['The New South Wales Trustee and Guardian is at liberty to distribute that portion of the estate of the late Jan Kaczmarkiewicz, which is currently held by the State of New South Wales and which would otherwise be payable to Stanislaw Kaczmarkiewicz, by paying it to Lucyna Kupronow.']