In the Estate of FREEBAIRN, DECEASED

In the matter of the estate of Nicholas William Youl Freebairn, deceased, Bruce Archibald Neville Freebairn, the brother of the deceased, applied for dispensation from certain statutory requirements under the Administration and Probate Act 1919 (APA) in administering the estate of his mother, Delsie Audrey Maureen Freebairn, who is the nominated executor of the deceased's will but is not sui juris due to her incapacity. Bruce had been appointed as the administrator for the use and benefit of Delsie during her incapacity. The application sought to be dispensed from the requirement to provide an administration guarantee under section 31(1) of the APA and rule 49.01 of the Probate Rules 2004, and from the obligation to deliver the property to the Public Trustee under section 65 of the APA.

The legal issues before the court were whether the statutory requirements could be dispensed with in the circumstances of the case, given that no financial institution was offering administration guarantees and the Public Trustee was willing to abide by the court's decision. The court had to consider if dispensing with these requirements would be beneficial and expedient, without relieving the administrator of his obligations under section 56 of the APA.

The court held that it was both beneficial and expedient to dispense with the statutory requirements. Given the unique circumstances, including the absence of financial institutions offering administration guarantees and the Public Trustee's willingness to accept the court's decision, the court granted the application. The order was made under section 31(10) of the APA and rule 49.08 of the Probate Rules 2004 to dispense with the requirement to provide an administration guarantee, and under section 67 of the APA to exempt the administrator from the obligation to comply with section 65.

The final order issued by the court was that Bruce Archibald Neville Freebairn should be granted Letters of Administration of the estate of Nicholas William Youl Freebairn deceased for the use and benefit of Delsie Audrey Maureen Freebairn during her incapacity, without the need for a surety. Additionally, Bruce was not bound by section 65 of the APA, and an office copy of the order was to be served upon the Public Trustee 14 days after the grant had been sealed and entered.