Frigger v Frigger

[2023] WASCA 103

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Procedural fairness
3. › Content of procedural fairness
4. › Proceedings by originating summons
5. › Whether oral submissions required
6. › Whether determination on the papers denied procedural fairness
7. › Rules of the Supreme Court 1971 (WA), O 58
1. Succession Law
2. › Administration of deceased estates
3. › Duties of executors
4. › Distribution of specific bequests
5. › Ademption
6. › Whether executors failed to distribute jewellery bequeathed by will
1. Succession Law
2. › Administration of deceased estates
3. › Duties of executors
4. › Funeral and memorial arrangements
5. › Whether executors have legal duty to invite family members to memorial service
6. › Whether exclusion from memorial service gives rise to compensable loss
1. Practice and Procedure
2. › Originating summons
3. › Nature of proceedings
4. › Determination on affidavit evidence
5. › Rules of the Supreme Court 1971 (WA), O 58

Quick Take

Executors have no enforceable legal duty to ensure all family members are invited to a memorial service held after the funeral. A person with the privilege of choosing how to dispose of a body is expected to consult with stakeholders but is not legally bound to do so, and this principle does not extend to memorial services which are not a duty of executors. In proceedings by originating summons, determination on the papers without oral submissions does not necessarily deny procedural fairness where the parties have had a reasonable opportunity to present their case by evidence and written submissions.