Re Kilby and Ors

The plaintiffs in this case, comprising three individuals who are the deceased's daughter and two granddaughters, sought to have themselves appointed as administrators of the estate of their deceased relative. The estate in question includes a property located in Caringbah, which remains in the possession of Ronald Caldwell, the deceased’s brother-in-law, who was initially granted probate of the estate but has since passed away. The plaintiffs sought to have the estate administered on the basis that they had made reasonable efforts to locate Ronald Caldwell's executor without success. The central legal issue before the court was whether the plaintiffs, or another suitable individual, should be appointed as administrators of the estate due to the unavailability of the initial executor.

The court was tasked with determining the appropriate course of action given that the initial executor of the estate had died and the plaintiffs could not locate his successor. The court had to consider whether the plaintiffs' efforts to find the executor were reasonable and if their appointment as administrators was warranted. The court examined the circumstances under which an administrator could be appointed in the absence of an existing executor and whether the plaintiffs met the criteria for such an appointment.

In resolving the matter, the court found that the plaintiffs had indeed made reasonable attempts to locate the executor of Ronald Caldwell's estate. Given that no executor could be found, the court concluded that the plaintiffs were suitable candidates for the role of administrators of the deceased's estate. The court determined that the plaintiffs' appointment was in the best interests of administering the estate and ensuring the distribution of the assets according to the deceased's wishes. Consequently, the court ordered that the plaintiffs be appointed as administrators of the estate, thereby facilitating the proper administration and distribution of the estate's assets.