Re Estate of Daphne Lillian May Thurston [2001] NSWSC 144

Re Estate of Daphne Lillian May Thurston [2001] NSWSC 144

Leave to withdraw the renunciation should be granted because the application for probate in support of which the plaintiff renounced did not proceed; there was no substantive administration along a new line, and it is in line with the testatrix's wishes that her chosen executor administer the estate.

Parties
Plaintiff: Terrence John Thurston; Defendant: Jeannette Fay Fuz
Jurisdiction
Australia
Judgment Date
05 March 2001
Procedural Posture
Probate Application / Judgment on Application to Withdraw Renunciation of Probate and Other Orders
Outcome
Application to withdraw renunciation granted. Defendant's caveat removed. Defendant's application for letters of administration cta refused. Grant of probate to be completed in favour of plaintiff. Costs of both parties out of the estate.
Legal Topics
Executor Renunciation, Leave to Retract Renunciation, Grant of Probate, Letters of Administration Cta
Succession Executor Renunciation Leave to Retract Renunciation Grant of Probate Letters of Administration Cta

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Parties

Terrence John Thurston

Plaintiff

Jeannette Fay Fuz

Defendant

Procedural Posture

Probate Application / Judgment on Application to Withdraw Renunciation of Probate and Other Orders

Legal Issues

  1. 1 Whether leave should be given to withdraw a renunciation of probate by the executor
  2. 2 Whether the defendant's caveat should be removed
  3. 3 Whether the defendant's cross-application for letters of administration cta should be granted

Ratio Decidendi

Leave to withdraw the renunciation should be granted because the application for probate in support of which the plaintiff renounced did not proceed; there was no substantive administration along a new line, and it is in line with the testatrix's wishes that her chosen executor administer the estate.

Court Disposition

Application to withdraw renunciation granted. Defendant's caveat removed. Defendant's application for letters of administration cta refused. Grant of probate to be completed in favour of plaintiff. Costs of both parties out of the estate.

Orders

  • Leave granted to withdraw the renunciation of probate by the plaintiff.
  • Defendant's caveat removed.