Re Beresford (deceased)
[2025] QSC 192
•19 August 2025
SUPREME COURT OF QUEENSLAND
CITATION:
Re Beresford (deceased) [2025] QSC 192
PARTIES:
IN THE WILL OF DULCIE FRANCES BERESFORD
(deceased)
LORELLE DENISE HAWES
(applicant)
FILE NO:
SE 05252 of 2025
DIVISION:
Trial Division
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court of Queensland at Brisbane
DELIVERED ON:
19 August 2025
DELIVERED AT:
Brisbane
HEARING DATE:
Application on the papers
JUDGE:
Davis J
ORDERS:
1. A Grant of Letters of Administration with the Will of Dulcie Frances Beresford dated 15 November 2013 be issued to Lorelle Denise Hawes.
2. The applicant’s costs of and incidental to the application be paid by the estate on the indemnity basis.
CATCHWORDS: SUCCESSION – PROBATE AND LETTERS OF ADMINISTRATION – GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION – LIMITED, SPECIAL AND CONDITIONAL GRANTS OF PROBATE AND ADMINISTRATION – where the deceased left a will – where she appointed her niece and nephew as executors and trustees – where the deceased’s nephew has died and her niece has renounced executorship of the estate – where all other beneficiaries of the will have renounced executorship – where the great-niece of the deceased applies for letters of administration – whether letters of administration should be given to the deceased’s great-niece
Uniform Civil Procedure Rules 1999 (Qld), r 489, r 494, r 495, r 603
SOLICITORS:
Cartwrights Lawyers for the applicant
This is an application by Lorelle Denise Hawes for letters of administration of the will of Dulcie Frances Beresford, deceased.[1]
[1]For ease, but with no disrespect intended, I shall refer to persons mentioned by their Christian names only.
Dulcie died on 25 January 2025 at the age of 94 years. She was widowed and had no children. She left a will which was made on 15 November 2013.
By the will, Dulcie:
(a)appointed Isabel Hawes and Desmond Popham as her executors and trustees;
(b)left her estate in equal one fifth shares to five beneficiaries:
(i) Isabel;
(ii) Desmond;
(iii) Clifford Popham;
(iv) David Popham; and
(v) Pamela Dally.
(c)provided for the disposal of each one fifth share in the event that any of the five beneficiaries predeceased her.
Isabel and Pamela are Dulcie’s nieces. Clifford, Desmond and David are her nephews and all predeceased her. Desmond died on 17 December 2019. Clifford died on 26 July 2022, some two and a half years before Dulcie. David died on 15 October 2014.
By the terms of the will, Clifford’s widow Valerie, Desmond’s widow Sandra and David’s widow Merrilyn take their respective husbands’ shares.
Isabel is 81 years of age. She has multiple health issues and is the fulltime carer for her husband who is also unwell. Isabel has given notice of renunciation of executorship of the estate.
Each of Valerie, Sandra, Merrilyn and Pamela have given notice of renunciation of any right to administer the will.
Lorelle is the great-niece of Dulcie. Lorelle’s mother is Isabel. Lorelle is prepared to administer the estate and has sought letters of administration.
The issues
Two issues arise:
(a)should the application be determined without oral hearing?; and
(b)whether letters of administration ought to be granted to Lorelle.
Whether the application should be determined without oral hearing
Lorelle proposes that the application be determined without oral hearing. Rule 489 of the Uniform Civil Procedure Rules 1999 (Qld) provides for such a procedure:
“489 Proposal for decision without oral hearing
(1)A party making an application, including an application in a proceeding, may propose in the application that it be decided without an oral hearing.
(2)If the applicant proposes the application be decided without an oral hearing, the court must decide the application without an oral hearing unless—
(a) under rule 491, the court considers it inappropriate to do so; or
(b) under rule 494, the respondent requires an oral hearing; or
(c) under rule 495, the applicant abandons the request for a decision without an oral hearing; or
(d) the Chief Justice or Chief Judge suspends the operation of this rule by direction.”
The structure of r 489 is that:
(a)jurisdiction to proceed without an oral hearing is granted;
(b)that jurisdiction is enlivened by a proposal by an applicant; and
(c)the proposal must be accepted by the Court in the absence of any of the circumstances prescribed in rr 489(2)(a)-(d).
Here, as already observed, Lorelle proposes that the application be decided without oral hearing. No respondent requires an oral hearing.[2] Lorelle has not abandoned her request for a decision without an oral hearing.[3] The Chief Justice has not suspended the operation of r 489.[4] The only question then is whether it is “inappropriate” to determine the application without an oral hearing.
[2]Uniform Civil Procedure Rules 1999, r 489(2)(b) and r 494.
[3]Uniform Civil Procedure Rules 1999, r 489(2)(c) and r 495.
[4]Uniform Civil Procedure Rules 1999, r 489(2)(d).
The facts are not in dispute. No contentious question of law arises upon the application. The estate presently has no executors willing to administer it. It is clearly appropriate for the application to be dealt with without oral hearing.
Should Lorelle be granted letters of administration?
As already observed, Dulcie named two executors. One is deceased and the other has renounced her executorship.
Rule 603 of the Uniform Civil Procedure Rules 1999 relevantly provides:
“603 Priority for letters of administration with the will
(1) The descending order of priority of persons to whom the court may grant letters of administration with the will is as follows—
(a) a trustee of the residuary estate;
(b) a life tenant of any part of the residuary estate;
(c) a remainderman of any part of the residuary estate;
(d) another residuary beneficiary;
(e) a person otherwise entitled to all or part of the residuary estate, by full or partial intestacy;
(f) a specific or pecuniary legatee;
(g) a creditor or person who has acquired the entire beneficial interest under the will;
(h) any one else the court may appoint. …”
There are no persons within the categories in r 603(1)(a) to (g) who are prepared to administer the estate. Lorelle is the closest relative of Dulcie who is prepared to do so.
As Lorelle is willing to act as executor, she should be granted letters of administration.
Orders
I make the following orders:
1.A Grant of Letters of Administration with the Will of Dulcie Frances Beresford dated 15 November 2013 be issued to Lorelle Denise Hawes.
2.The applicant’s costs of and incidental to the application be paid by the estate on the indemnity basis.
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