Peipi v Peipi as Administrator of the Estate of the late Ashoor Hilaney (No. 2)

[2013] NSWSC 1566

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. SUCCESSION — family provision — argument as to the form of final orders — Helen Peipi awarded a statutory legacy as a de facto spouse of the deceased — Jessica Hilaney successful on her family provision claim as the deceased's daughter — main asset of the estate is a property in which the deceased and Ms Peipi lived — Ms Peipi desires to live in the property — whether the NSW Trustee and Guardian should be appointed as administrator of the estate — whether an independent person to act at no fee proposed by Jessica's mother should be appointed — Ms Peipi agrees to the appointment of this independent administrator if she receives a first option to buy the property at valuation — whether such an option might restrict the administrator's efforts to maximise the value of the estate by auction.