Indyk Estate - Wiernik v Indyk [2010] NSWSC 713

Indyk Estate - Wiernik v Indyk [2010] NSWSC 713

Commission of $120,000 was fair because Mrs Wiernik was put to very considerable pains, trouble and anguish in administering a substantial estate amid hostile and protracted disputes; the main criticisms of delay, sale decisions, storage of paintings, land tax and alleged dishonesty were not made out or were sufficiently explained, although some matters such as the retained $6,000 and non-executorial work concerning the Guardianship Tribunal were taken into account in assessing a lower amount than claimed.

Jurisdiction
Australia
Judgment Date
25 June 2010
Procedural Posture
Contested Application Under S 86 of the Probate and Administration Act 1898 (nsw) for the Passing of Executor's Accounts and for Executor's Commission / Ex Tempore Judgment
Outcome
Commission of $120,000 allowed.
Legal Topics
["executor's Commission" "passing of Executor's Accounts" 'administration of Estate']
['probate and Succession'] ["executor's Commission" "passing of Executor's Accounts" 'administration of Estate']

Case Brief

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Procedural Posture

Contested Application Under S 86 of the Probate and Administration Act 1898 (nsw) for the Passing of Executor's Accounts and for Executor's Commission / Ex Tempore Judgment

Legal Issues

  1. 1 ["Whether the executrix's accounts should be passed" "What executor's commission should be allowed to the executrix under s 86 of the Probate and Administration Act 1898 (NSW)" 'Whether alleged delay, unnecessary cost, and conduct in administering the estate justified reducing commission']

Ratio Decidendi

Commission of $120,000 was fair because Mrs Wiernik was put to very considerable pains, trouble and anguish in administering a substantial estate amid hostile and protracted disputes; the main criticisms of delay, sale decisions, storage of paintings, land tax and alleged dishonesty were not made out or were sufficiently explained, although some matters such as the retained $6,000 and non-executorial work concerning the Guardianship Tribunal were taken into account in assessing a lower amount than claimed.

Court Disposition

Commission of $120,000 allowed.

Orders

  • ['Commission of $120,000 allowed.']