NSW Trustee & Guardian; Estate of the Late Jan Szczudlik [2015] NSWSC 1529

NSW Trustee & Guardian; Estate of the Late Jan Szczudlik [2015] NSWSC 1529

The Court was satisfied, on the balance of probabilities and after reasonable inquiries, that the persons entitled on intestacy had been ascertained, making it appropriate to grant a Benjamin order permitting distribution as proposed without prejudice to any further claims.

Jurisdiction
Australia
Judgment Date
15 October 2015
Procedural Posture
Administration of Intestate Estate / Application for Benjamin Order and Directions for Distribution
Outcome
Benjamin order granted; estate to be distributed as specified; costs out of estate
Legal Topics
['intestacy' 'benjamin Order' 'distribution of Estate' 'wills Probate & Administration']
['equity' 'succession Law'] ['intestacy' 'benjamin Order' 'distribution of Estate' 'wills Probate & Administration']

Case Brief

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Procedural Posture

Administration of Intestate Estate / Application for Benjamin Order and Directions for Distribution

Legal Issues

  1. 1 ['Whether the Plaintiff is justified in distributing the estate on proposed basis given uncertainty as to all possible siblings or issue of the deceased; Whether reasonable searches have ascertained all persons entitled on intestacy; Whether a Benjamin order is appropriate']

Ratio Decidendi

The Court was satisfied, on the balance of probabilities and after reasonable inquiries, that the persons entitled on intestacy had been ascertained, making it appropriate to grant a Benjamin order permitting distribution as proposed without prejudice to any further claims.

Court Disposition

Benjamin order granted; estate to be distributed as specified; costs out of estate

Orders

  • ['Plaintiff at liberty to distribute the estate as: one quarter to estate of Pavlo Szczudlik (brother, deceased), one quarter to estate of Jaroslaw Szczudlik (brother, deceased), one quarter to be divided equally between Ryszard Szczudlik and Irena Sala (children of Antoni Szczudlik, brother deceased with issue),...