CAMPBELL v CAMPBELL [1992] NSWCA 35

CAMPBELL v CAMPBELL [1992] NSWCA 35

The superannuation benefit was paid to the Public Trustee as agent for Mrs Campbell pursuant to her entitlement under the superannuation scheme rules, not as administrator of the deceased's estate. Therefore, the benefit did not form part of the estate and the order for provision out of the estate should be set aside.

Source-derived case information.

Parties
Appellant: Mrs Campbell; Respondent: Gregory Paul Campbell; Administrator: The Public Trustee
Jurisdiction
Australia
Judgment Date
09 July 1992
Procedural Posture
Appeal / Court of Appeal
Outcome
appeal allowed
Legal Topics
Testator's Family Maintenance, Superannuation Benefits, Intestacy, Estate Administration
Succession Law Testator's Family Maintenance Superannuation Benefits Intestacy Estate Administration

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Parties

Mrs Campbell

Appellant

Gregory Paul Campbell

Respondent

The Public Trustee

Administrator

Procedural Posture

Appeal / Court of Appeal

Legal Issues

  1. 1 Whether superannuation benefits paid to the Public Trustee formed part of the deceased's estate for the purposes of the Testator's Family Maintenance and Guardianship of Infants Act 1916
  2. 2 Proper interpretation of trust deed rules defining entitlement to superannuation benefits

Ratio Decidendi

The superannuation benefit was paid to the Public Trustee as agent for Mrs Campbell pursuant to her entitlement under the superannuation scheme rules, not as administrator of the deceased's estate. Therefore, the benefit did not form part of the estate and the order for provision out of the estate should be set aside.

Court Disposition

appeal allowed

Orders

  • Appeal allowed.
  • Judgment below set aside.