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[2024] ACTSC 73
Supreme Court of the ACT
2024-03-22
McCallum CJ
Original judgment source is linked above.
Source: the ACT Courts (www.courts.act.gov.au). Converted to plain text by ZoeLaw. Not the official version.
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: In the estate of Venu Krishnamurthy Citation: [2024] ACTSC 73 Hearing Date: 22 March 2024 Decision Date: 22 March 2024 Before: McCallum CJ Decision: (1) I revoke the grant of letters of administration of the estate of the late Venu Krishnamurthy granted on 18 October 2023 (PRO 1045 of 2023). Catchwords: WILLS, PROBATE & ADMINISTRATION - RECTIFICATION – Where letters of administration were granted – where later the deceased’s brother found the original will – where grant of the letters of administration is revoked Legislation Cited: Court Procedures Rules 2006 (ACT), rr 3081, 3082 Parties: Vikram Krishnamurthy (Applicant) Representation: Counsel H Kay (Applicant) Solicitors Terracon Wills & Estates (Applicant) File Number: PRO 1045 of 2023 McCALLUM CJ:
Vikram Krishnamurthy is the brother of the late Venu Krishnamurthy. At the time of Venu Krishnamurthy's death, Vikram Krishnamurthy was living overseas. He took steps to ascertain whether his brother had left a will, the details of which are set out in an affidavit before the court. No will was located.
Vikram Krishnamurthy accordingly applied to the Court for a grant of letters of administration. The Court acceded to the application and letters of administration were issued on 18 October 2023. The effect of the grant was for the entirety of Venu Krishnamurthy's estate to be inherited by Vikram Krishnamurthy, and as to the assets within the Australian Capital Territory, the estate has been administered.
Since taking those steps Vikram Krishnamurthy has identified and located an original will left by his brother. The circumstances in which he did so were that he came to Australia to finalise his brother's estate and went through a large bundle of documents at the deceased's principal place of residence.
Upon reviewing those documents, evidently with a closer eye than the person he had asked to undertake those searches for him, he found a copy of a will and, ultimately, obtained the original from the firm that had taken over the firm of solicitors that drafted it. A copy of that will is annexed to his affidavit. Its’ provisions are the same as the letters of administration granted by the Court; that is, that the entirety of the estate was intended to be left to the deceased's father, but if he predeceased him, to the brother. That is what has, in fact, occurred.
There are, however, other assets of the deceased's estate in New South Wales and Victoria. Vikram Krishnamurthy has been informed by his solicitor that in order to finalise administration of the estate in those jurisdictions it will be necessary for him to seek a grant of probate of the will for which purpose he will be required to depose an affidavit confirming that there is no other grant for the estate. In the circumstances, it is necessary for him to seek revocation of the grant of letters of administration.
The Court has authority to make such an order under r 3082 of the Court Procedures Rules. Rule 3081 provides that if, after a grant of a will or administration of an estate has been granted, a person interested in the estate wants the grant revoked, the person must apply in the proceedings in which the grant of representation was made.
Subrule 3081(3) provides that the application must be supported by an affidavit setting out the facts relied on and the grounds on which the order is sought.
Vikram Krishnamurthy has, in his affidavit, deposed to the facts relied upon by him and those are the facts I have summarised. Plainly it is appropriate to revoke the grant in the circumstances I have described.
Orders (1) Accordingly, I revoke the grant of letters of administration of the estate of the late Venu Krishnamurthy granted on 18 October 2023 (PRO 1045 of 2023).
I certify that the preceding eight [8] numbered paragraphs are a true copy of the Reasons for Judgment of her Honour Chief Justice McCallum Associate: Date: