Pateman v Pateman (deceased) [2015] NSWSC 2151

Pateman v Pateman (deceased) [2015] NSWSC 2151

Because the plaintiffs' family provision claims sought to reduce the gift made to Ricky Mark Pateman, they had no proper interest in choosing the person responsible for upholding the will. The persons to be represented were those interested in the estate of Ricky Mark Pateman, and in the absence of better evidence the executor named in Ricky Mark Pateman's will, Phillip Scott Down, was the appropriate representative.

Jurisdiction
Australia
Judgment Date
15 December 2015
Procedural Posture
Family Provision Proceedings / Notice of Motion for Appointment of a Person to Represent a Deceased Defendant's Estate
Outcome
Orders appointing representative of deceased defendant made.
Legal Topics
['appointment of Representative Party' 'family Provision Proceedings' 'deceased Defendant' 'representation of Estate']
['civil Procedure' 'succession'] ['appointment of Representative Party' 'family Provision Proceedings' 'deceased Defendant' 'representation of Estate']

Case Brief

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Procedural Posture

Family Provision Proceedings / Notice of Motion for Appointment of a Person to Represent a Deceased Defendant's Estate

Legal Issues

  1. 1 ['Whether Phillip Scott Down or Peter Mark Saunders should be appointed under (NSW) Uniform Civil Procedure Rules 2005, r 7.10 to represent the estate of Ronald James Pateman in the proceedings after the death of Ricky Mark Pateman.' 'Whether the plaintiffs had a proper interest in the identity of the person responsible for upholding the will in family provision proceedings.']

Ratio Decidendi

Because the plaintiffs' family provision claims sought to reduce the gift made to Ricky Mark Pateman, they had no proper interest in choosing the person responsible for upholding the will. The persons to be represented were those interested in the estate of Ricky Mark Pateman, and in the absence of better evidence the executor named in Ricky Mark Pateman's will, Phillip Scott Down, was the appropriate representative.

Court Disposition

Orders appointing representative of deceased defendant made.

Orders

  • ['Pursuant to UCPR, r 7.10, Phillip Scott Down be appointed to represent the estate of Ronald James Pateman (deceased) for the purpose of these proceedings.']