JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CHAMBERS
CITATION: MCCULLOUGH -v- HAIGH AS EXECUTOR [2025] WASC 352
CORAM: GETHING J
HEARD: ON THE PAPERS
DELIVERED : 28 AUGUST 2025
PUBLISHED : 28 AUGUST 2025
FILE NO/S: CIV 1614 of 2025
BETWEEN: CHERIE DANIELLA MCCULLOUGH
Plaintiff
AND
DEBORAH ANN HAIGH AS EXECUTOR
First Defendant
CONRAD STEPHEN WICKERS
Second Defendant
DEBORAH ANN HAIGH
Third Defendant
Catchwords:
Probate - Revocation of grant on the basis that the executor persistently neglected or refused to administer the estate - Identity of replacement administrator
Legislation:
Administration Act 1903 (WA) s 29
Supreme Court Act 1935 (WA) s 18
Result:
Grant of letters of administration with the will annexed to another beneficiary under the will.
Category: B
Representation:
Counsel:
| Plaintiff | : | No appearance |
| First Defendant | : | No appearance |
| Second Defendant | : | No appearance |
| Third Defendant | : | No appearance |
Solicitors:
| Plaintiff | : | Legato Law |
| First Defendant | : | No appearance |
| Second Defendant | : | No appearance |
| Third Defendant | : | No appearance |
Case(s) referred to in decision(s):
Grey v Youngson [2006] WASC 123
Hancock v Rinehart [2015] NSWSC 646; (2015) 106 ACSR 207
Nicholl v Mattingly [2025] WASC 297
Porteous v Rinehart (1998) 19 WAR 495, 505 - 506
Re Banning; Ex Parte Banning [2018] WASC 313
Rogers v Rogers [2009] WASC 358
Smith v Partridge [2018] WASC 128
Walter v Hasslinger [2022] VSC 460
Wood v Wood [No 4] [2014] WASC 393
GETHING J:
Introduction
Gary William Wickers (Deceased) died on 24 March 2022. He made a will dated 25 October 2006 (Will).[1] The validity of the Will is not in issue. The Will appointed Deborah Ann Haigh as the executor. Ms Haigh is the Deceased's sister.
[1] A copy of the Will is Annexure A to the Affidavit of Scripts of Cherie Daniella McCullough, sworn 15 August 2025 (Affidavit of Scripts).
There are three beneficiaries under the Will, each entitled to a third of the Deceased's estate (Estate). The first is Ms Haigh. The second is Cherie Daniella McCullough. Ms McCullough is one and the same person as Clinton David McCullough who is the named beneficiary in the Will.[2] The third is Conrad Stephen Wickers. Ms McCullough and Mr Wickers are the biological children of the Deceased.
[2] A copy of Ms McCullough's birth certificate and change of gender orders is attachment CM-8 to her affidavit of 15 August 2025 (Third McCullough Affidavit).
Ms Haigh was issued with a grant of probate on 23 May 2024 (Grant). However, she has not taken any steps to administer the Estate. Accordingly, by writ of summons filed 13 June 2025, Ms McCullough sought an order revoking the Grant and granting letters of administration with the Will attached to her, as well as orders to finalise the involvement of Ms Haigh as executor (Writ). Ms Haigh is the first defendant in her capacity as executrix and the third defendant in her own right. Mr Wickers is…
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- AGLC
- McCullough v Haigh as Executor [2025] WASC 352
- Case
- [2025] WASC 352
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether Ms Haigh's persistent neglect and refusal to administer the estate warranted the revocation of the grant of probate. Specifically, the court had to assess whether Ms Haigh had failed to take adequate steps to administer the estate, as alleged by Ms McCullough. This involved examining the evidence provided by Ms McCullough regarding the lack of action by Ms Haigh in distributing the estate, providing information to the beneficiaries, or taking steps to sell the property.
The court considered the affidavits and evidence provided by both parties, particularly focusing on Ms McCullough's allegations of neglect and refusal by Ms Haigh to administer the estate. The court found that Ms Haigh had indeed failed to take adequate steps to administer the estate, as evidenced by the lack of distributions to beneficiaries, the absence of information provided to Ms McCullough, and the inaction regarding the sale of the property. Based on these findings, the court determined that Ms Haigh's persistent neglect and refusal justified the revocation of the grant of probate. The court also noted that Ms McCullough had demonstrated that she would administer the estate according to law if appointed as administrator.
In light of the above findings, the court revoked the grant of probate issued to Ms Haigh. The court further ordered that letters of administration be granted to Ms McCullough, thereby enabling her to take over the administration of the estate. This decision ensures that the estate will be properly administered and that the beneficiaries receive the benefits due to them from the estate.
Orders
Orders of the court
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Background
Background to the litigation
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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