The Position of Executors Before Grant

Please Note: Only NSW barristers or members of the NSW Bar Association can register for CPD’s or webinars.

At common law, an executor derives his title to the deceased’s assets and authority to deal with them from the will. In New South Wales, this position is changed, or modified, by ss 44 and 61 of the Probate and Administration Act 1898 (NSW). How these provisions operate has long been a matter of perplexity and the subject of inconsistent decisions.

This paper will discuss whether there is a conflict between the decisions of the Full Federal Court in Byers v Overton Investments Pty Ltd (2001) 109 FCR 554 and the NSW Court of Appeal in Deigan v Fussell [2019] NSWCA 299.

It will also discuss the High Court’s decision in Andrews v Hogan (1952) 86 CLR 223 and the practical implications for executors of the uncertainty of the current law.

Chaired by Lindsay Ellison SC, Wardell Chambers and Introduced by Hayley Bennett, New Chambers from the Succession and Protective Law Committee 

Joined by speaker Justice Richard White, Supreme Court of NSW. 

Details

CPD Points 1
Date & Times Thursday, June 27, 2024 at 5:00pm - 6:00pm
CPD Strand Substantive Law, Practice and Procedure, and Evidence
Committee Succession and Elder Law
Location

This CPD will be held in person via the NSWBA Common Room 

Register now