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Estate of Dean John Edmunds[2025] NSWSC 223 Background Dean John Edmunds died suddenly on 15 November 2019, apparently intestate (without a Will). He was divorced and survived by four children, who are his next of kin. His estate, valued at a net $256,827, primarily consists of a half interest in the Oaklands Hotel and a residential […]
Grants made to creditors of Estates Read More »
Where a person dies with a valid Will in place, Probate is an order obtained from the Supreme Court of New South Wales that confirms a Will is the last Will of a deceased person. The Grant of Probate confirms the executor appointed under the Will has the authority to administer the estate of the
What is the meaning of Probate? Read More »
In New South Wales, an executor generally cannot take fees without the consent of the beneficiaries or a specific clause in the will allowing for such payment. The executor’s right to claim commission (a payment for their work) is not automatic and depends on various factors. Here’s a more detailed explanation: Will Provisions: If the
Payment for Executors Read More »
The Estate of Dean John Edmunds [2025] NSWSC 223 (18 March 2025) – Slattery J This case involved an application made by the Deceased’s mother (plaintiff) for Letters of Administration in her capacity as a creditor of the estate. Facts: The Deceased died intestate. The Deceased had been married twice before but was divorced with
Applications for Administration by Creditors – Conflicts of Interest Read More »
The Estate of Mimi Milka Jaksic (Berger) [2025] NSWSC 253 – Hammerschlag CJ This case concerned an application for a Grant of Probate of a missing Will and Codicil. The Deceased was a Serbian immigrant and a well-known Artist, who left a sizeable estate in excess of $24 million comprising of real property, cash and
Probate – Presumption of Revocation by Destruction Read More »
After a person passes away, their next of kin or nominated executor does not automatically obtain the authority to distribute the deceased persons assets (ie their estate). Generally, the appropriate person must obtain either a Grant of Probate or a Grant of Letters of Administration from the Supreme Court of New South Wales (“a Grant”)
Do I need to obtain a Grant of Probate? Read More »
Application by NSW Trustee & Guardian (Estate of Edward Charles Turner) [2020] NSWSC 944 – Hallen J This case concerned an application for a Benjamin order by the NSW Trustee and Guardian (the plaintiff) acting as Administrator for the estate of Edward Charles Turner, who died intestate (without a will) on 22 September 2012. The
What to do when you can’t find or identify a beneficiary Read More »
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