In the matter of an Application for Declaration of Paternity by "K" and in the matter of the Estate of Edward Grant Smith Deceased

[2002] NTSC 63

Supreme Court of the Northern Territory

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Catchwords

1. Succession Law
2. › Intestacy
3. › Distribution of intestate estate
4. › Illegitimate children
5. › Right to take on intestacy
6. › Preconditions for recognition of paternity
7. › Whether father must be adjudged during lifetime
8. › Administration and Probate Ordinance 1969 (NT), s 71
1. Succession Law
2. › Intestacy
3. › Transitional provisions
4. › Retrospective operation of legislation
5. › Whether Status of Children Act 1978 (NT) applies to intestacy predating commencement
6. › Status of Children Act 1978 (NT), s 6(3)
1. Practice and Procedure
2. › Declarations
3. › Declaration of paternity
4. › Jurisdiction
5. › Whether court has inherent jurisdiction to declare paternity after death of putative father
6. › Whether parens patriae jurisdiction extends to declarations of paternity
1. Succession Law
2. › Administration of estates
3. › Claims against estate
4. › Time limits
5. › Failure to commence proceedings within prescribed period
6. › Whether claim barred
7. › Discretion to extend time
8. › Administration and Probate Act (NT), s 97

Quick Take

Under s 71(5) of the Administration and Probate Ordinance 1969 (NT), a court adjudgment of paternity must be made during the putative father's lifetime; [name withheld] v [name withheld] is not to be followed on this point. The Status of Children Act 1978 (NT) has no operation in respect of the distribution of estates of persons who died intestate before its commencement, by virtue of s 6(3). A declaration of paternity is personal to the putative father and does not survive death.