Estate Tornya, Deceased

[2020] NSWSC 1230

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Procedure
2. › Parties
3. › Commencement of proceedings by beneficiary of deceased estate without a grant of probate or administration
4. › Proceedings a nullity
5. › Availability of remedial orders in case management of proceedings.
1. Procedure
2. › Parties
3. › Claim on behalf of a deceased estate
4. › Proper plaintiff is legal personal representative with grant of probate or administration
5. › Availability of representative proceedings brought by beneficiary, with joinder of legal personal representative as a defendant.
1. Agency
2. › Enduring power of attorney
3. › Donee possessed of actual authority to benefit self
4. › Whether donee accountable, as a fiduciary, to donor for self dealing transactions
5. › Conveyancing Act 1919 NSW, Part 16