Application by NSW Trustee & Guardian (Estate of the late Marko Sijakovic)

The parties involved in the matter were the NSW Trustee & Guardian, as the applicant, and various other parties interested in the estate of the late Marko Sijakovic. The dispute centred around the distribution of the deceased's estate following an inquiry into his next of kin, which was conducted in accordance with the Succession Act 2006 (NSW). The case was heard in the Supreme Court of New South Wales. The central legal issues that the court was required to address involved the application of the Succession Act 2006 (NSW) to determine the rightful beneficiaries of the deceased's estate, given the uncertainty surrounding the existence of any valid will. The court had to consider whether the applicant had established a prima facie case for a Benjamin Order, which would allow the estate to be distributed as if the deceased had died intestate.

The court thoroughly examined the evidence presented regarding the deceased's domicile at the time of his death and the relevant jurisdiction for the administration of his estate. In doing so, the court applied the principles set out in the Succession Act 2006 (NSW) to determine the applicable law and the potential beneficiaries. The court found that the applicant had successfully demonstrated a prima facie case for a Benjamin Order, as the deceased's domicile at the time of his death was in New South Wales, and no valid will had been produced. Consequently, the court ruled in favour of the applicant and granted the requested Benjamin Order. This decision allowed the estate to be distributed according to the intestacy rules, ensuring that the appropriate beneficiaries received their rightful share of the deceased's estate.