Noyce v Jeromel

This case concerned an application for further provision from the estate of Irene Jeromel, brought by Danuta Noyce against the executor and residuary beneficiary, Paul Jeromel. The central dispute revolved around whether the estate had been finally distributed before the expiry of the time limit for making such an application, or an application for an extension of time. The matter was heard in the Supreme Court of South Australia.

The legal issues before the Court were whether the lodgement of certain documents with the Registrar-General on 19 May 2020 constituted a "final distribution" of the Royal Terrace and Arnold Street properties within the meaning of subsection 8(5) of the *Inheritance (Family Provision) Act 1972* (SA). This subsection allows for an extension of time for family provision applications, provided the application for extension is made before the final distribution of the estate.

The Court reasoned that the word "distribution" in subsection 8(5) should be interpreted according to its plain text, context, and evident purpose, rather than importing general equitable concepts concerning the finality of gifts. The Court found that the Registrar-General was entitled and obliged to reject the Application to Register Death, and that the subsequent Transmission Application and Transfer were dependent on this initial registration. As these steps had not been completed, neither the Royal Terrace property nor the Arnold Street property had been distributed as at 2 June 2020. Even if equitable principles were applied, the Court found that the gifts of these properties had not become effectual in equity by that date.