Supreme Court
New South Wales
Medium Neutral Citation: Everts v Liepins [2022] NSWSC 1021 Hearing dates: 14 July 2022 Date of orders: 14 July 2022 Decision date: 29 July 2022 Jurisdiction: Equity Before: Hallen J Decision: See [79]
Catchwords: SUCCESSION – PRACTICE AND PROCEDURE – succession – Filing and verification of estate accounts
Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56-60
Legal Profession Act 2014 (NSW)
Probate and Administration Act 1898 (NSW) s 85
Supreme Court Act 1970 (NSW) s 53(3)(a)
Uniform Civil Procedure Rules 2005 rr 18.7, 54.1, 54.3
Cases Cited: Allesch v Maunz (2000) 203 CLR 172; [2000] HCA 40
Council of the Law Society of New South Wales v Liepins (No 3) [2016] NSWCATOD 51
Gertsch v Roberts; The Estate of Gertsch (1993) 35 NSWLR 631
Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230
Hons v Hons (2010) 3 ASTLR 278; [2010] NSWSC 247
Jordan v Goldspring No 2 [2022] NSWSC 780
Lezaja v Hannover Life Re of Australasia Ltd (No 2) [2016] NSWSC 167
McLean v Burns Philp Trustee Co Pty Ltd (1985) 2 NSWLR 623; (1985) 9 ACLR 926
Nobarani v Mariconte (2018) 265 CLR 236; [2018] HCA 36
NSW Trustee and Guardian as Executor of the Will of Michael Robert Walsh (Dec’d) v Gregory (2012) 18 BPR 35,153; [2012] NSWSC 681
Palmer v Ayres; Ferguson v Ayres (2017) 259 CLR 478; [2017] HCA 5
Phillip Allan Yates v John Norman Phillips Halliday [2006] NSWSC 1346
Re Craig (1952) 52 SR (NSW) 265
Re Estate Schwartz, Deceased; Application of Gellert; Gellert v Bentwood and Schwartz [2015] NSWSC 1484
Re Watson (1904) 49 Sol Jo 54
Satz v ACN 069 808 957 Pty Ltd [2010] NSWSC 365
Schmidt v Rosewood Trust Ltd [2003] 2 AC 709; [2003] UKPC 26
Stamoulos v Constantinidis; Constantinidis v Constantinidis [2017] NSWSC 1808
Taylor v Taylor (1979) 143 CLR 1; [1979] HCA 38
The Estate of Frances Kedesch Michell [2020] NSWSC 1300
The Estate of Maureen Laila Huber, of Cobram VIC; The Estate of Dolf Paul Huber [2020] NSWSC 1539
UBS AG v Tyne (as trustee of the Argot Trust) (2018) 265 CLR 77; [2018] HCA 45
Williams v Stephens (1986) 17 BPR 33,839
Category: Principal judgment Parties: Bernt Everts (Applicant)
Juris Liepins (Respondent)Representation: Counsel:
Solicitors:
Mr T Maltz (Applicant)
HWL Ebsworth Lawyers (Applicant)
File Number(s): 2013/143016 Publication restriction: Nil
Judgment
The Proceedings
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HIS HONOUR: By notice of motion filed on 12 April 2022, the applicant, Bernt Everts, seeks orders that the respondent, Juris Liepins, the executor of the Will, and trustee of the estate, of Asja Everts ("the deceased"), to whom Probate was granted, verify and file accounts in respect of his administration of the estate of the deceased from the date of death, until the date of the filing of the accounts; that the respondent, thereafter, take all such steps as may be necessary to vouch and to pass the…
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- Everts v Liepins [2022] NSWSC 1021
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- [2022] NSWSC 1021
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CaseChat Overview and Summary
The central legal issue was whether the executor had complied with the statutory requirements for filing and verifying the estate accounts. The court examined the executor's actions in relation to the rules governing estate administration, specifically focusing on the necessity of obtaining independent verification and the accuracy of the accounts. Additionally, the court had to consider whether the executor's actions were reasonable and in the best interests of the estate and its beneficiaries.
The Supreme Court found that the executor had not followed the correct procedure in verifying the estate accounts. The court noted that the executor failed to obtain independent verification of the accounts, which is a mandatory requirement under the relevant statute. Furthermore, the court determined that the executor's claim for certain expenses was not adequately supported by the evidence. Consequently, the court held that the estate accounts were not properly filed and verified, and therefore, the executor's actions were not in compliance with the law. The court ordered the executor to rectify the accounts and seek independent verification before proceeding with the final distribution of the estate.
The final orders of the court required the executor to correct the estate accounts to ensure they met the legal standards for verification and approval. The executor was directed to file the revised accounts within a specified timeframe, ensuring all required documentation and independent verification were included. The court also mandated a review of the executor's actions to prevent any further non-compliance with the statutory requirements for estate administration.
Orders
Orders of the court
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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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