Public Trustee v Kehagias

Public Trustee v Kehagias was a case in which the court was asked to determine the distribution of an intestate estate. The deceased, who was domiciled in New South Wales, had been adopted in Greece as an adult. The central issue was whether, under Greek law, the adoptive parents were placed in the position of the deceased's natural parents and whether the estate would pass to the son of the deceased's natural parents or to the Crown as bona vacantia.

The court needed to resolve two primary legal questions: first, the effect of the deceased's adoption in Greece on their status and relationships, and second, the application of Greek law in determining the distribution of the deceased's estate under New South Wales intestacy laws. The court had to consider whether the adoption was recognised under Greek law to the extent that it affected the deceased's succession rights and whether such a recognition would influence the distribution of the estate under New South Wales law.

In determining the outcome, the court examined the relevant provisions of the Succession Act 2006 (NSW) and considered the principles of private international law. The court found that under Greek law, the adoption did not place the adoptive parents in the position of the deceased's natural parents, and therefore, the deceased's son did not inherit under the intestacy provisions. Consequently, the court concluded that the estate passed to the Crown as bona vacantia. The reasoning was based on the lack of recognition of the adoption under Greek law in a manner that would affect the deceased's succession rights, and thus, the estate was distributed according to the intestacy laws of New South Wales.