Tassell v Hayes

The High Court of Australia considered an appeal from the Supreme Court of New South Wales in *Tassell v Hayes*. The dispute concerned the interpretation and application of the *Testator's Family Maintenance and Guardianship of Infants Act 1916* (NSW) (the Act), specifically in relation to a claim for provision from the estate of the deceased, Mr Hayes. The appellant, Mrs Tassell, was the deceased's daughter and sought to enforce an order made in her favour under the Act. The respondent, Mr Hayes, was the executor of the deceased's estate.

The central legal issue before the High Court was whether the Supreme Court had the power to make an order for provision from the deceased's estate in favour of Mrs Tassell, notwithstanding that the deceased had died domiciled in Victoria and that the primary administration of his estate was taking place in Victoria. The court was required to determine the territorial limits of the operation of the NSW Act and whether it could apply to an estate administered outside of New South Wales.

The High Court held that the NSW Act, being legislation of a State, had no operation beyond the territorial limits of New South Wales. Therefore, the Supreme Court of New South Wales did not have jurisdiction to make an order for provision from the estate of a person who died domiciled in Victoria, even if some assets of the estate were located within New South Wales. The court reasoned that the Act was concerned with the administration of estates and the distribution of property within the State, and that its provisions could not extend to dictate the disposition of an estate administered under the laws of another jurisdiction.

The High Court allowed the appeal and set aside the order made by the Supreme Court of New South Wales.