Conners v Conners; Estate of Conners [2012] NSWSC 181

Conners v Conners; Estate of Conners [2012] NSWSC 181

Joan Conners' failure to comply with the settlement agreement by taking no steps to sell the principal estate asset and distribute the agreed shares to her brothers meant that the due and proper administration of the estate was being prevented by her intransigence, establishing that she was not a fit and proper person to carry out the duties of executrix; the grant of probate to her should therefore be revoked and letters of administration with the will annexed granted to the plaintiff.

Jurisdiction
Australia
Judgment Date
13 February 2012
Procedural Posture
Application for Revocation of Probate and Grant of Letters of Administration With the Will Annexed / Final Disposition in Absence of the Defendant
Outcome
Grant of probate to the defendant revoked; letters of administration with the will annexed granted to the plaintiff; costs ordered against the defendant payable out of her share of the estate.
Legal Topics
['no Appearance by Defendant' 'revocation of Probate' 'duties of Executrix' 'due and Proper Administration of Estate' 'letters of Administration With Will Annexed' 'costs From Estate Share']
['practice and Procedure' 'wills and Estates'] ['no Appearance by Defendant' 'revocation of Probate' 'duties of Executrix' 'due and Proper Administration of Estate' 'letters of Administration With Will Annexed' 'costs From Estate Share']

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Procedural Posture

Application for Revocation of Probate and Grant of Letters of Administration With the Will Annexed / Final Disposition in Absence of the Defendant

Legal Issues

  1. 1 ['Whether the grant of probate to Joan Margaret Conners should be revoked because she failed to administer the estate in accordance with her obligations and agreement with her brothers.' 'Whether letters of administration with the will annexed should be granted to the plaintiff, with leave reserved to Robert Allan Conners to apply for probate at a future date.' 'Whether the defendant should pay the costs of the application and whether those costs should be paid out of her share of the estate.']

Ratio Decidendi

Joan Conners' failure to comply with the settlement agreement by taking no steps to sell the principal estate asset and distribute the agreed shares to her brothers meant that the due and proper administration of the estate was being prevented by her intransigence, establishing that she was not a fit and proper person to carry out the duties of executrix; the grant of probate to her should therefore be revoked and letters of administration with the will annexed granted to the plaintiff.

Court Disposition

Grant of probate to the defendant revoked; letters of administration with the will annexed granted to the plaintiff; costs ordered against the defendant payable out of her share of the estate.

Orders

  • ['Order that the grant of probate dated 31 May 2010 to the defendant of the will of Mavis Ellen Alberta Conners dated 25 October 2001 be revoked.' 'Order that within 14 days the defendant deposit the grant of probate dated 31 May 2010 in the registry.' 'Order that letters of administration with the will of the...