Stegnjaic v Stegnjaic [2019] NSWSC 1208

Stegnjaic v Stegnjaic [2019] NSWSC 1208

The Defendant was removed as executor due to improper administration and accounting, failure to distribute the Estate and unjustified expenditure. The Plaintiff is entitled to a 50% share of the Estate by family provision order, with an ancillary order for sale of Estate properties and distribution of proceeds. The rule in Saunders v Vautier does not apply because beneficiaries were not in agreement and it cannot be used for real property.

Jurisdiction
Australia
Judgment Date
15 July 2019
Procedural Posture
Family Provision Application / Probate Dispute / Principal Judgment
Outcome
Application granted in favour of Plaintiff. Defendant removed as executor. Family provision order made for 50% share to Plaintiff; sale of Estate properties ordered. Administrator appointed.
Legal Topics
['removal of Executor' 'family Provision' 'administration of Estate' 'saunders V Vautier Rule']
['succession Law' 'trusts and Estates'] ['removal of Executor' 'family Provision' 'administration of Estate' 'saunders V Vautier Rule']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Family Provision Application / Probate Dispute / Principal Judgment

Legal Issues

  1. 1 ['Whether the executor should be removed due to improper administration and accounting' 'Whether the plaintiff is entitled to a 50% share of the estate and immediate distribution' 'Application of the rule in Saunders v Vautier for estate/trust property' 'Appropriate remedy for delay in estate distribution']

Ratio Decidendi

The Defendant was removed as executor due to improper administration and accounting, failure to distribute the Estate and unjustified expenditure. The Plaintiff is entitled to a 50% share of the Estate by family provision order, with an ancillary order for sale of Estate properties and distribution of proceeds. The rule in Saunders v Vautier does not apply because beneficiaries were not in agreement and it cannot be used for real property.

Court Disposition

Application granted in favour of Plaintiff. Defendant removed as executor. Family provision order made for 50% share to Plaintiff; sale of Estate properties ordered. Administrator appointed.

Orders

  • ["Plaintiff's application to remove Defendant as executor is granted." 'Defendant must account for any improper expenditure.' 'Mr Terrence Hartmann, solicitor, to be appointed as administrator.' 'Plaintiff entitled to 50% share of the Estate pursuant to family provision order under Succession Act 2006 (NSW).'...