Public Trustee v Kehagias [2009] NSWSC 972

Public Trustee v Kehagias [2009] NSWSC 972

The Deceased was domiciled in New South Wales, so New South Wales law governed succession to his movable intestate estate. The Greek adult adoption did not satisfy section 46(2)(d) of the Adoption of Children Act 1965 because the rights, obligations and family relationship between the Deceased and his natural family remained unchanged under Greek law, the adoptive parents had no inheritance right from the Deceased, and there were no inheritance rights between the Deceased and relatives of the adoptive parents. The adoption therefore did not have the same effect as a New South Wales adoption, and the Defendant retained the relationship of brother to the Deceased. As there was no person...

Jurisdiction
Australia
Judgment Date
17 September 2009
Procedural Posture
Succession Proceedings for Inquiry Into Entitlement to an Intestate Estate / Principal Judgment Following Hearing
Outcome
Nikolaos Kehagias was found entitled to succeed to the Deceased's intestate estate, and the Plaintiff was ordered to hold the estate for him.
Legal Topics
['intestacy' 'next of Kin Inquiry' 'foreign Adoption' 'adult Adoption in Greece' 'domicile' 'bona Vacantia']
['succession' 'probate and Administration' 'adoption' 'conflict of Laws'] ['intestacy' 'next of Kin Inquiry' 'foreign Adoption' 'adult Adoption in Greece' 'domicile' 'bona Vacantia']

Case Brief

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Procedural Posture

Succession Proceedings for Inquiry Into Entitlement to an Intestate Estate / Principal Judgment Following Hearing

Legal Issues

  1. 1 ['Whether Nikolaos Kehagias was entitled to succeed to the intestate estate of the late Dimitrios Kehagias.' "Whether the Deceased's adult adoption in Greece had the same effect as an adoption under New South Wales law." 'Whether, under Greek law, the adoptive parents were placed generally in relation to the Deceased in the position of parents for the purposes of section 46(2)(d) of the Adoption of Children Act 1965.' "Whether the estate would pass to the Defendant as the Deceased's brother or to the Crown as bona vacantia."]

Ratio Decidendi

The Deceased was domiciled in New South Wales, so New South Wales law governed succession to his movable intestate estate. The Greek adult adoption did not satisfy section 46(2)(d) of the Adoption of Children Act 1965 because the rights, obligations and family relationship between the Deceased and his natural family remained unchanged under Greek law, the adoptive parents had no inheritance right from the Deceased, and there were no inheritance rights between the Deceased and relatives of the adoptive parents. The adoption therefore did not have the same effect as a New South Wales adoption, and the Defendant retained the relationship of brother to the Deceased. As there was no person...

Court Disposition

Nikolaos Kehagias was found entitled to succeed to the Deceased's intestate estate, and the Plaintiff was ordered to hold the estate for him.

Orders

  • ['I find, upon inquiry, that Nikolaos Kehagias is entitled to succeed to the estate of the late Dimitrios Kehagias ("the Deceased") upon his intestacy.' 'I order that the Plaintiff hold the estate of the Deceased for the said Nikolaos Kehagias.' 'I order that the costs of the Plaintiff on the indemnity basis and the...