Wills & Estates Newsletter – April 2022
Published on April 8, 2022 by Adelaide Ryan, Gillian Kirwan and Rebecca Tidswell
Welcome to the April edition of our Wills and Estates Newsletter.
In this edition our team will report on the following topics:
- An update on estrangement – community expectations of a wise and just testator
- What is a “grant of probate”?
- Obtaining urgent grant in exceptional circumstances – case note on The Estate of Raymond David [2022] NSWSC 48
We trust you will enjoy the read.
Carroll & O’Dea Lawyers’ Wills & Estates Team.
An update on estrangement – community expectations of a wise and just testator
Judges in family provision cases are frequently asked to consider the relationship between the applicant and the deceased person, including the nature and duration of the relationship (Succession Act 2006 (NSW) s.60(2)(b)) as well as the character and conduct of the applicant or any other person (s. 60(2)(m) and (n)).
Where the applicant has been estranged from the deceased, the estrangement must be appraised and its causes, and any attempts of rapprochement between them, carefully considered (see Kemperman v Antonetas [2021] NSWSC 1555).
This article provides an overview on the recent Supreme Court of New South Wales decisions in the family provision cases Dodd v Dodd [2022] NSWSC 199 and Kitteridge v Kitteridge [2022] NSWSC 193.
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Rebecca Tidswell, Special Counsel
What is a “grant of probate”?
When a loved one dies and you have been appointed as their executor, the next steps can be quite daunting. How do you go about dealing with their estate? Where do you start? What information do you need to move forward? Is it necessary to apply for probate? This article provides a quick overview on probate.
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Gillian Kirwan, Solicitor
Obtaining urgent grant in exceptional circumstances – case note on The Estate of Raymond David [2022] NSWSC 48
On 1 February 2022, Ward CJ in the Equity List of the Supreme Court of NSW made an order that the plaintiffs, Garry Neville Penhall and Daniel George David, be appointed administrators cum testamento annexo colligenda bona of the Will dated 1 October 2021 of the late Raymond David subject to limitations.
Translation: The Court has made a limited grant of letters of administration with the will annexed.
An executor or administrator is generally unable to deal with the assets of the estate until the issue of a grant of probate or administration. The application for an urgent grant in this case was justified to preserve the assets of the estate being the proceeds of the Contract for Sale entered by the deceased person prior to his death.
