Szekeres (as Executor of the Estate of the late Elizabeth Nadai) v The State of New South Wales

In the case of Szekeres (as Executor of the Estate of the late Elizabeth Nadai) v The State of New South Wales, the matter before the court involved a dispute regarding the distribution of the estate of the deceased, Elizabeth Nadai, who died without leaving a will that contained a residuary clause. The court had to determine whether the estate should devolve to the Crown as bona vacantia under the relevant statutory provisions, or if there were any close relatives who were entitled to the residue of the estate.

The primary legal issue that the court had to address was whether the residue of Elizabeth Nadai's estate should devolve to the Crown under section 61B(7) of the Probate and Administration Act 1898 (NSW), or if there were any living relatives who were entitled to inherit. Additionally, the court had to consider the admissibility of expert evidence provided in the absence of an acknowledgement of the Code of Conduct, as per rule 31.23(3) of the Uniform Civil Procedure Rules 2005 (NSW).

In determining the matter, the court found that there was no evidence to suggest that the deceased had any living de facto partner, spouse, offspring, or close relatives at the time of her death. Therefore, the court held that the residue of the estate should devolve to the Crown bona vacantia in accordance with the relevant statutory provisions. Furthermore, the court ruled that the expert evidence presented was admissible, as it was not necessary for the expert to acknowledge the Code of Conduct in order for the evidence to be considered by the court.

As a result of the court's decision, the residue of the estate of the late Elizabeth Nadai was ordered to be devolved to the Crown bona vacantia. The court did not make any further orders in relation to the matter.