Public Trustee v Solah & 6 Ors [1999] NSWSC 660

Public Trustee v Solah & 6 Ors [1999] NSWSC 660

Because extensive searches and advertising had not produced any claim by the deceased's wife, and other claimants had proved entitlement, distribution should proceed without regard to the wife's claim. On the balance of probabilities, despite the presumptions arising from birth registration and marriage, John Michael Solah was the father of the fourth, fifth, sixth and seventh defendants. On the balance of probabilities, despite the presumption arising under s 9, Norman Kallil Solah was the father of Norman Solah, so Norman Solah was a brother of the full blood of the deceased and his issue were entitled to take his share under the statutory trust for sale.

Jurisdiction
Australia
Judgment Date
02 July 1999
Procedural Posture
Succession; Next of Kin Enquiry in Intestate Estate / Hearing of Enquiry Under Part 68 of the Supreme Court Rules; Judgment Directing Short Minutes
Outcome
Findings made on next of kin issues; parties directed to bring in short minutes.
Legal Topics
['intestacy' 'next of Kin Enquiry' 'statutory Trust' 'presumptions of Parentage' 'presumption of Marriage' 're Benjamin Order']
['succession' 'equity'] ['intestacy' 'next of Kin Enquiry' 'statutory Trust' 'presumptions of Parentage' 'presumption of Marriage' 're Benjamin Order']

Case Brief

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Procedural Posture

Succession; Next of Kin Enquiry in Intestate Estate / Hearing of Enquiry Under Part 68 of the Supreme Court Rules; Judgment Directing Short Minutes

Legal Issues

  1. 1 ["Should there be a distribution of the estate on the basis that the deceased's wife is excluded?" "Was the deceased's late brother, John Michael Solah, the father of any of the fourth, fifth, sixth and seventh defendants?" "Was the deceased's late brother, Norman Solah, of the full or half blood to the deceased?"]

Ratio Decidendi

Because extensive searches and advertising had not produced any claim by the deceased's wife, and other claimants had proved entitlement, distribution should proceed without regard to the wife's claim. On the balance of probabilities, despite the presumptions arising from birth registration and marriage, John Michael Solah was the father of the fourth, fifth, sixth and seventh defendants. On the balance of probabilities, despite the presumption arising under s 9, Norman Kallil Solah was the father of Norman Solah, so Norman Solah was a brother of the full blood of the deceased and his issue were entitled to take his share under the statutory trust for sale.

Court Disposition

Findings made on next of kin issues; parties directed to bring in short minutes.

Orders

  • ['The parties are directed to bring in short minutes.']