CITATION: Estate Liam Rowan Dillon - [2023] QSC 27

SUPREME COURT OF QUEENSLAND

CITATION:

Estate Liam Rowan Dillon [2023] QSC 27

PARTIES:

VIRGINIA CORAL MAIDEN

(Applicant )

v

JANE GRIMLEY

(Respondent )

FILE NO/S:

1147/22

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court at Rockhampton

DELIVERED ON:

22 February 2023

DELIVERED AT:

Rockhampton

HEARING DATE:

3 February 2023

JUDGE:

Crow J

ORDER:

1. Subject to the formal requirements of the Registrar, that letters of administration in intestacy for the estate of Liam Rowan Dillon be issued to Virginia Coral Maiden.

CATCHWORDS:

SUCCESSION – INTESTACY AND DISTRIBUTION ON INTESTACY – ADMINISTRATION OF ESTATE – ELIGIBLE APPLICANTS – CRITERIA FOR DETERMINING PRIORITY– where the applicant made an application for letters of administration in intestacy and the respondent lodged a caveat against the grant of letters of administration – respondent filed own application for letters of administration in intestacy – whether the respondent was a spouse of the deceased at the time of his death pursuant to section 32DA of the Acts Interpretations Act 1954 (Qld).

COUNSEL:

M Rothery for the applicant
T Arnold for the respondent

SOLICITORS:

Rees R & Sydney Jones for the applicant
Purcell & Associates for the respondent

Liam Rowan Dillon passed away on 19 September 2020 aged 29 years. Mr Dillon’s mother, Virginia Coral Maiden, made an application for letters of administration in intestacy on 7 September 2022. On 18 November 2022, Jane Mary Grimley lodged a caveat against the grant of letters of administration in intestacy in favour of Ms Maiden and also filed her own application for letters of administration in intestacy.
Ms Grimley applies on the basis that she was Mr Dillon’s surviving spouse.
Section 6(3) of the Succession Act 1981 (Qld) provides that a grant of letters of administration of an estate of a deceased person can be made to such person as the court may think fit. Uniform Civil Procedure Rules 1999 (Qld) r 610(1) provides for a descending order of priority of persons to whom the court may grant letters of administration on intestacy, however, r 610(3) confirms the general statutory discretion under s 6(3) of the Succession Act, namely that the court has a discretion to grant letters of administration to any person in priority to any other person mentioned in sub-rule (1).
In this case, Ms Grimley alleges she is entitled to priority as the deceased’s surviving spouse under r 610(1)(a) in priority to Ms Maiden as the deceased’s mother under r 610(1)(d).
“Spouse” is defined in r 596 as follows:
spouse, in relation to a deceased person and despite the Acts Interpretation Act 1954, section 32DA(6), means a person who, at the time of the deceased’s death—
(a) was the deceased’s husband or wife; or
(b) had been the deceased’s de facto partner for a continuous period of at least 2 years ending on the deceased’s death.
Section 32DA of the Acts Interpretation Act 1954 (Qld) defines a de facto partner as follows:
32DA Meaning of de facto partner
(1) In an Act,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading CITATION: Estate Liam Rowan Dillon

Details

AGLC: CITATION: Estate Liam Rowan Dillon [2023] QSC 27
Case: [2023] QSC 27
Decision Date: 22 February 2023

CaseChat Overview and Summary

The deceased, Liam Rowan Dillon, left an estate that became the subject of a dispute between Virginia Coral Maiden and another individual who lodged a caveat against the grant of letters of administration. The matter was brought before the court, which was tasked with determining the eligibility of the applicants under the statutory framework governing the administration of intestate estates in Queensland.

The central legal issue for the court was to ascertain whether the respondent was the spouse of the deceased at the time of his death, as this would entitle her to priority in the administration of the estate under section 32DA of the Acts Interpretation Act 1954 (Qld). The court had to interpret the relevant legislation and examine the evidence presented to make this determination.

After reviewing the evidence, the court found that the respondent did not meet the criteria for being the deceased's spouse at the time of his death. Consequently, the court concluded that Virginia Coral Maiden was eligible to be granted letters of administration in intestacy. The court dismissed the caveat and ordered that letters of administration in intestacy be issued to Virginia Coral Maiden, subject to the formal requirements of the Registrar.

Orders

Orders of the court

1. Subject to the formal requirements of the Registrar, that letters of administration in intestacy for the estate of Liam Rowan Dillon be issued to Virginia Coral Maiden.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	Estate Liam Rowan Dillon [2023] QSC 27
PARTIES:	VIRGINIA CORAL MAIDEN (Applicant ) v JANE GRIMLEY (Respondent )
FILE NO/S:	1147/22
DIVISION:	Trial Division
PROCEEDING:	Application
ORIGINATING COURT:	Supreme Court at Rockhampton
DELIVERED ON:	22 February 2023
DELIVERED AT:	Rockhampton
HEARING DATE:	3 February 2023
JUDGE:	Crow J
ORDER:	1. Subject to the formal requirements of the Registrar, that letters of administration in intestacy for the estate of Liam Rowan Dillon be issued to Virginia Coral Maiden.
CATCHWORDS:	SUCCESSION – INTESTACY AND DISTRIBUTION ON INTESTACY – ADMINISTRATION OF ESTATE – ELIGIBLE APPLICANTS – CRITERIA FOR DETERMINING PRIORITY– where the applicant made an application for letters of administration in intestacy and the respondent lodged a caveat against the grant of letters of administration – respondent filed own application for letters of administration in intestacy – whether the respondent was a spouse of the deceased at the time of his death pursuant to section 32DA of the Acts Interpretations Act 1954 (Qld).
COUNSEL:	M Rothery for the applicant T Arnold for the respondent
SOLICITORS:	Rees R & Sydney Jones for the applicant Purcell & Associates for the respondent