Kelly v Kelly

In the matter of Kelly v Kelly, the dispute arose from the administration of an estate where the court was asked to determine whether a beneficiary of a specific devise in an incompletely administered estate could apply for the appointment of trustees on a statutory trust for sale under section 66G of the Conveyancing Act 1919 (NSW). The case involved the estate of the deceased, and the primary issue was whether the beneficiary of a specific devise had standing to seek such an appointment when the estate was not fully administered. This case was heard in the Supreme Court of New South Wales.

The court had to decide whether it had the authority to make an order on the application of a beneficiary of an incompletely administered estate, specifically regarding the appointment of trustees on a statutory trust for sale. Additionally, the court had to consider the legal standing of the beneficiary to seek such an order and whether the statutory provisions allowed for this action in the context of an estate that had not been fully administered.

The court ruled that it had the jurisdiction to make the order sought by the beneficiary. The court found that the statutory provisions under section 66G of the Conveyancing Act 1919 (NSW) permitted the appointment of trustees on a statutory trust for sale even in the case of an incompletely administered estate. The court determined that the beneficiary had standing to apply for such an appointment, as the statute allowed for this action. Consequently, the court granted the beneficiary's application for the appointment of trustees on a statutory trust for sale.

The final orders of the court included the appointment of trustees on a statutory trust for sale as requested by the beneficiary, recognising the beneficiary's standing to make such an application despite the incompletely administered estate. The court's decision confirmed the beneficiary's right to seek this form of relief and clarified the scope of the statutory provisions concerning the administration of estates.