Ali v Ali

In the matter of Ali v Ali, the dispute centred around the intestacy of the deceased, Mr. Ali, and the subsequent family provision claim. The case was heard in the Supreme Court of New South Wales. The primary issue was whether the court had the jurisdiction to make orders affecting the deceased's immovable property, particularly if it was located outside New South Wales. Additionally, the court needed to determine whether the administratrix of the estate had a duty to account for the rent of certain properties that were part of the estate.

The court found that while it did have the power to make orders affecting the deceased's immovable property within New South Wales, it did not have the jurisdiction to make such orders regarding property located outside the state. As for the family provision claim, the court held that it was appropriate to adjust the entitlements of the claimants on intestacy. Furthermore, the court held that the administratrix did have a duty to account for the rent of the properties forming part of the estate. Lastly, concerning the express trust, the court found there was no evidence of a present intention to create such a trust.

The court's final orders included the adjustment of entitlements for the claimants on intestacy and a direction for the administratrix to account for the rent of the properties. The court's decision emphasised the jurisdictional limitations regarding orders affecting immovable property outside New South Wales and the duty of an administratrix to account for the estate's income.