John has appeared in or advised in relation to a number of matters, in this area, including disputes involving unadministered estates and alleged breaches of duty by executors. Among the matters in this area the following.

Cases

This matter involved claims in relation to an unadministered intestate estate where an administrator had been appointed 45 years ago and where the primary asset in the intestate estate was a rural property. Allegations were made by the plaintiff beneficiary that the administrator had maladministered the estate and sought accounting on the basis of wilful default. The claims were made in circumstances where the evidence was fallible and contemporary documents lacking. The matter also concerned an application by the plaintiff for revocation of grant of letters of administration to the first defendant administrator and appointment of replacement administrator. Another important aspect of the case involved the powers, duties, rights and of trustees, and, in particular, the power to provide for maintenance and advancement of minor beneficiaries. In this case the first defendant administrator used beneficiaries' entitlements to provide for their maintenance and advancement during their minority. The Court found that orders could be made authorising a trustee to apply income of a trust for maintenance, education and advancement of minor beneficiaries - particularly where the plaintiff beneficiary attained majority over 20 years ago and where the first defendant administrator was a single parent with limited source of income. The matter is also referred to under the Practice Area, "Equity and Trusts - Trusts including duty of Trustees, Account and Application for Judicial Advice" and "Declaratory Relief".

This matter dealt with a challenge to a purported meeting of members which resolved to remove a director and appoint another director in circumstances where only one member participated. The matter is also referred to under the Practice Area, Corporations and Associations Law, contained on this web-site.

Cases

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