Application of NSW Trustee & Guardian; Estate of Dudley Keith Vaughn [2019] NSWSC 850

Application of NSW Trustee & Guardian; Estate of Dudley Keith Vaughn [2019] NSWSC 850

The Court was satisfied that the NSW Trustee & Guardian had made necessary and proper investigations to locate Maureen Paebslo and Karin Paebslo, that no further reasonable enquiries were likely to identify them, and that the prospect either was alive or would be identified as a beneficiary was very remote. It was therefore appropriate to allow distribution of the estate as if they had predeceased Dudley Keith Vaughan.

Jurisdiction
Australia
Judgment Date
08 July 2019
Procedural Posture
Application for Judicial Advice Under Trustee Act 1925 (nsw) S 63 and Uniform Civil Procedure Rules 2005 (nsw) R 54.3(2) Concerning Administration of an Estate and a Benjamin Order / Principal Judgment; Ex Tempore Revised; Orders Made
Outcome
Application granted; Benjamin order made; costs ordered from the estate on an indemnity basis.
Legal Topics
['judicial Advice' 'administration of Trust Property' 'benjamin Order' 'missing Beneficiaries' 'distribution of Estate']
['succession' 'trusts and Estates' 'equity'] ['judicial Advice' 'administration of Trust Property' 'benjamin Order' 'missing Beneficiaries' 'distribution of Estate']

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Procedural Posture

Application for Judicial Advice Under Trustee Act 1925 (nsw) S 63 and Uniform Civil Procedure Rules 2005 (nsw) R 54.3(2) Concerning Administration of an Estate and a Benjamin Order / Principal Judgment; Ex Tempore Revised; Orders Made

Legal Issues

  1. 1 ['Whether the NSW Trustee & Guardian should be given judicial advice or directions permitting it to distribute the estate of Dudley Keith Vaughan as if Maureen Paebslo and Karin Paebslo had predeceased him.' 'Whether the searches and enquiries undertaken to locate Maureen Paebslo and Karin Paebslo were sufficient such that no further reasonable enquiries should be made.']

Ratio Decidendi

The Court was satisfied that the NSW Trustee & Guardian had made necessary and proper investigations to locate Maureen Paebslo and Karin Paebslo, that no further reasonable enquiries were likely to identify them, and that the prospect either was alive or would be identified as a beneficiary was very remote. It was therefore appropriate to allow distribution of the estate as if they had predeceased Dudley Keith Vaughan.

Court Disposition

Application granted; Benjamin order made; costs ordered from the estate on an indemnity basis.

Orders

  • ['The plaintiff be at liberty to distribute the estate of the late Dudley Keith Vaughan as if Maureen Paebslo and Karin Paebslo had predeceased Dudley Keith Vaughan.' "The plaintiff's costs be paid out of the estate of Dudley Keith Vaughan on an indemnity basis."]