Re P (OH) and the Protected Estates Act [1999] NSWSC 387

Re P (OH) and the Protected Estates Act [1999] NSWSC 387

Section 24(1)(b) of the Protected Estates Act 1983 was sufficiently wide to empower the Court to authorise the Protective Commissioner to execute the deed required under s 75A of the Wills Probate and Administration Act 1898, appointing the Public Trustee as executor of P's estate in lieu of Mrs P, despite the deed relating to property controlled by Mrs P as executor rather than directly to her own estate.

Jurisdiction
Australia
Judgment Date
19 April 1999
Procedural Posture
Protective List Matter Concerning a Protected Estate and Executorship / Private Chambers Consideration of Authorisation for the Protective Commissioner to Execute a Deed Appointing the Public Trustee as Executor
Outcome
Authorisation granted.
Legal Topics
['powers of Manager of Protected Estate' 'incapable Executor' 'appointment of Public Trustee as Executor' 'execution of Deed by Protective Commissioner']
['mental Health' 'protected Estates' 'succession'] ['powers of Manager of Protected Estate' 'incapable Executor' 'appointment of Public Trustee as Executor' 'execution of Deed by Protective Commissioner']

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Procedural Posture

Protective List Matter Concerning a Protected Estate and Executorship / Private Chambers Consideration of Authorisation for the Protective Commissioner to Execute a Deed Appointing the Public Trustee as Executor

Legal Issues

  1. 1 ['Whether the Protective Commissioner could be authorised to execute a deed under s 75A of the Wills Probate and Administration Act 1898 appointing the Public Trustee as executor in place of an incapable executor.' 'Whether s 24(1) of the Protected Estates Act 1983 was sufficiently wide to authorise the Protective Commissioner to execute the proposed deed.' 'Whether s 71 of the Protected Estates Act 1983 applied where the protected person was an executor of an unadministered estate.']

Ratio Decidendi

Section 24(1)(b) of the Protected Estates Act 1983 was sufficiently wide to empower the Court to authorise the Protective Commissioner to execute the deed required under s 75A of the Wills Probate and Administration Act 1898, appointing the Public Trustee as executor of P's estate in lieu of Mrs P, despite the deed relating to property controlled by Mrs P as executor rather than directly to her own estate.

Court Disposition

Authorisation granted.

Orders

  • ['The Protective Commissioner is authorised to execute the proposed deed appointing the Public Trustee as executor of the estate of P in lieu of the incapable person.']