Pajic v Lepan [2006] NSWSC 1123

Pajic v Lepan [2006] NSWSC 1123

The executor's administration fell within the principle in Mavrideros v Mack because the estate remained unadministered after three years, the property was vacant and not let, the executor demanded commission without the necessary court order and accounts, and he was not cooperative with those appearing to have the major beneficial interests; therefore the grant of probate should be revoked.

Jurisdiction
Australia
Judgment Date
17 October 2006
Procedural Posture
Application to Remove an Executor and Revoke Probate / Ex Parte Ex Tempore Judgment
Outcome
Probate in the estate of Dorde Pajic granted to the first defendant was revoked, and the first defendant was ordered to pay the plaintiff's costs to date.
Legal Topics
['removal and Discharge of Executor' 'revocation of Grant of Probate' 'administration of Estate' 'inexcusable Delay and Inefficiency' "executor's Commission"]
['succession' 'probate' 'equity'] ['removal and Discharge of Executor' 'revocation of Grant of Probate' 'administration of Estate' 'inexcusable Delay and Inefficiency' "executor's Commission"]

Case Brief

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Procedural Posture

Application to Remove an Executor and Revoke Probate / Ex Parte Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the first defendant should be removed as executor and the grant of probate revoked for poor performance in administering the estate of Dorde Pajic.' "Whether the executor's delay, inefficiency, failure to let the vacant property, demand for commission and lack of cooperation impeded the due administration of the estate."]

Ratio Decidendi

The executor's administration fell within the principle in Mavrideros v Mack because the estate remained unadministered after three years, the property was vacant and not let, the executor demanded commission without the necessary court order and accounts, and he was not cooperative with those appearing to have the major beneficial interests; therefore the grant of probate should be revoked.

Court Disposition

Probate in the estate of Dorde Pajic granted to the first defendant was revoked, and the first defendant was ordered to pay the plaintiff's costs to date.

Orders

  • ['That probate number 107225/04 in the estate of Dorde Pajic granted on 8 March 2005 to the first defendant be revoked.' 'That the first defendant by 4 pm on 15 November 2006 bring the said grant into the Probate Registry to be cancelled.' 'That the first defendant file and serve on or before 15 November 2006 an...