Estate de Wild, deceased

Case

[2019] NSWSC 1128

02 September 2019


Details
AGLC Case Decision Date
Estate de Wild, deceased [2019] NSWSC 1128 [2019] NSWSC 1128 02 September 2019

CaseChat Overview and Summary

The case before the court involved an application for the grant of administration of the estate of de Wild, who had died intestate. The applicant, who was the appointed attorney under a power of attorney executed by de Wild, resided in Queensland and applied for the grant of administration of de Wild's estate in New South Wales. The decision was heard by the Supreme Court of New South Wales. The primary legal issue before the court was whether the applicant, residing outside of New South Wales, could be granted administration of the estate.

The court held that the applicant was entitled to be granted administration of the estate. The court found that the applicant was a suitable person to administer the estate and that there were no objections to the grant of administration. The court also noted that the applicant had acted in the best interests of the deceased and had fulfilled the duties of the attorney under the power of attorney. The court further held that the fact that the applicant resided outside of New South Wales was not a bar to the grant of administration, as the provisions of the Succession Act 2006 (NSW) allowed for the grant of administration to a person who was not ordinarily resident in New South Wales.

The court granted the application for the grant of administration to the applicant as the attorney under the power of attorney executed by de Wild. The court also made orders for the applicant to provide a bond and to furnish security for the due execution of the office of administrator. The applicant was granted the authority to administer the estate of de Wild, including the power to sell, lease or mortgage any property of the estate, to collect and realise any debts owing to the estate, and to dispose of any property of the estate as necessary.
Details

Areas of Law

  • Succession Law

Legal Concepts

  • Grant of Administration