In the Will of

[2025] QSC 97

SUPREME COURT OF QUEENSLAND

CITATION:

In the Will of Debra May Goodwin [2025] QSC 97

PARTIES:

In the Will of Debra May Goodwin

Lori Lilian Gurney and Derek Jess Goodwin

(applicants)

FILE NO/S:

BS 7327 /24

DIVISION:

Trial

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

Orders made on 8 May 2025

Judgment delivered on 8 May 2025

DELIVERED AT:

Brisbane

HEARING DATE:

Heard on the papers

JUDGE:

Freeburn J

ORDER:

1. Pursuant to rule 642 of the Uniform Civil Procedure Rules 1999 (Qld) The Grant of Probate S 7327 of 2024 is revoked.

2.   Subject to the formal requirements of the Registrar, probate of the Will of Debra May Goodwin (dec’d) dated 21 May 1993, as contained in the copy of that Will, which is exhibit A to the affidavit of Lori Lillian Gurney filed on 25 January 2025, be granted to Derek Jess Goodwin.

CATCHWORDS:

SUCCESSION – PROBATE AND LETTERS OF ADMINISTRATION – GRANTS OF PROBATE AND   LETTERS OF ADMINISTRATION – RENUNCIATION – WHEN ALLOWED AND GENERALLY – where the sole executor seeks to renounce her position due to disability – where the applicants seek the personal representative be replaced by the deceased’s only son – where the applicants seek for the grant of probate made to be revoked – whether the administration of the estate and grant of probate ought to be given to the remaining sole beneficiary

SOLICITORS:

Fit Lawyers Pty Ltd for the applicant

1. Two applications have been bought in relation to the Will of Debra May Goodwin. It is necessary to consider those applications together.

2. The first application is by the executor of the Will, Lori Lillian Gurney to revoke the Grant of Probate S 7327 of 2024.  That application is made because the personal representative / executor, Ms Gurney has a permanent disability and is no longer able to carry out her duties as executor. She seeks to retire from the administration due to her permanent disability.

3. The second application is by Derek Jess Goodwin, the deceased’s only son, for probate of the Will of Debra May Goodwin to be granted to him as the sole personal representative.

4. The orders sought in both applications are not disputed and are sought by consent.

5. Sections 46, 47 and 54 of the Succession Act 1981 (Qld) recognise the right of a named executor to renounce their position. Ms Gurney has exercised that right.

6. Rule 603 of the Uniform Civil Procedure Rules 1999 (Qld) provides for an order of priority for the grant of letters of administration with the Will. Mr Goodwin has priority as the beneficiary.

7. It is in the interests of the administration of the estate of Lori Lillian Gurney, and also in the interests of the only beneficiary, Mr Derek Jess Goodwin, that Ms Gurney be given leave to renounce her position as the sole executor of the Will due to her permanent disability.  It is also in the interests of the estate and the only beneficiary that Mr Goodwin replace Mr Gurney as personal representative.

8. An order will be made in terms of the draft.