Hill v Hill [2023] NSWSC 612

Hill v Hill [2023] NSWSC 612

Due and proper administration of the deceased's estate is not achievable by the named executors due to lack of cooperation; the interests of the estate require the appointment of an independent administrator with the Will annexed. Orders made accordingly, with costs out of respondent's share of the estate.

Parties
Applicant: Richard Leslie Hill; Respondent: Timothy Hill
Jurisdiction
Australia
Judgment Date
31 May 2023
Procedural Posture
Succession / Hearing of Amended Notice of Motion for Administration With Will Annexed, Final Orders
Outcome
Application granted
Legal Topics
Administration of Estates, Appointment of Independent Administrator, Letters of Administration, Executor's Duties, Costs
Succession Law Equity Administration of Estates Appointment of Independent Administrator Letters of Administration Executor's Duties Costs

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Parties

Richard Leslie Hill

Applicant

Timothy Hill

Respondent

Procedural Posture

Succession / Hearing of Amended Notice of Motion for Administration With Will Annexed, Final Orders

Legal Issues

  1. 1 Whether an independent administrator should be appointed in place of non-participating named executor
  2. 2 Whether due and proper administration of the deceased's estate can be completed by current executors
  3. 3 Appropriate orders for administration and costs

Ratio Decidendi

Due and proper administration of the deceased's estate is not achievable by the named executors due to lack of cooperation; the interests of the estate require the appointment of an independent administrator with the Will annexed. Orders made accordingly, with costs out of respondent's share of the estate.

Court Disposition

Application granted

Orders

  • Letters of Administration with the Will dated 14 November 1996 of the deceased annexed to be granted to Mark Desmond Bolster, independent administrator
  • Matter remitted to the Senior Deputy Registrar in Probate to complete the grant