› Whether appointment of either executor would jeopardise orderly administration of estate
› Appointment of independent administrator cum testamento annexo
Succession Law
› Probate and Administration
› Costs
› Contentious probate proceedings
› Whether costs should be borne by the estate or by the parties personally
› Civil Procedure Act 2005 (NSW), s 56
Quick Take
1Where irreducible mutual hostility between named co-executors means the appointment of either would jeopardise the orderly administration of the estate, both may be passed over in favour of an independent administrator.
2Where the conflict giving rise to contested probate proceedings was created by the parties themselves rather than the deceased, each party may be ordered to bear his own costs rather than costs being borne by the estate.
Case Details
Citation[2019] NSWSC 1275
CourtNSWSC
JurisdictionNew South Wales
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