Albecz v Bloom

[2024] NSWCA 166

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Interlocutory judgment
4. › Application to appoint administrator pendente lite
5. › Whether question of principle, public importance or reasonably clear injustice established
6. › Principles governing leave to appeal from interlocutory procedural orders
7. › Supreme Court Act 1970 (NSW), s 101(2)(e)
1. Succession Law
2. › Probate
3. › Executor's entitlement to indemnity from estate
4. › Executor granted probate in common form
5. › Whether executor defending grant was protecting personal interests or administering estate
6. › Whether executor obliged to seek judicial advice before defending proceedings
7. › Probate and Administration Act 1898 (NSW), ss 63, 73
1. Succession Law
2. › Administration of estates
3. › Appointment of administrator pendente lite
4. › Whether necessity or sufficient reason shown
5. › Whether practical utility in appointment where trial imminent

Quick Take

A disinterested executor with a grant of probate in common form who defends the grant is acting in administration of the estate, not in a personal capacity, and is entitled to indemnification from the estate for legal costs properly incurred.