Guo v Gao [2021] NSWSC 1059

Guo v Gao [2021] NSWSC 1059

In the absence of evidence that Weihong Guo is alive, having not been heard from for over 20 years and all due inquiries being made, the court is satisfied to declare, by presumption of death, that she is no longer alive, enabling grant of administration of her intestate estate.

Source-derived case information.

Parties
Plaintiff: Sijia Guo; Defendant: Yong Wei Gao
Jurisdiction
Australia
Judgment Date
24 August 2021
Procedural Posture
Equity Proceedings (succession) / Determination of Separate Question Prior to Final Hearing
Outcome
Declaration made of presumption of death; orders for administration of the estate on intestacy to an independent administrator; directions for non-distribution of estate without leave.
Legal Topics
Presumption of Death, Appointment of Administrator, Distribution of Intestate Estate, Separate Question Determination
Succession Law Probate and Administration Practice and Procedure Presumption of Death Appointment of Administrator Distribution of Intestate Estate Separate Question Determination

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Parties

Sijia Guo

Plaintiff

Yong Wei Gao

Defendant

Procedural Posture

Equity Proceedings (succession) / Determination of Separate Question Prior to Final Hearing

Legal Issues

  1. 1 Whether a declaration should be made that Weihong Guo, missing since April 2001, is no longer alive upon presumption of death
  2. 2 Whether administration of her estate on intestacy can be granted

Ratio Decidendi

In the absence of evidence that Weihong Guo is alive, having not been heard from for over 20 years and all due inquiries being made, the court is satisfied to declare, by presumption of death, that she is no longer alive, enabling grant of administration of her intestate estate.

Court Disposition

Declaration made of presumption of death; orders for administration of the estate on intestacy to an independent administrator; directions for non-distribution of estate without leave.

Orders

  • The court determines by separate question whether Weihong Guo, on presumption of death, is no longer alive.
  • Declares satisfaction, on presumption of death, that Weihong Guo is not alive.