SUCCESSION – PROBATE AND LETTERS OF ADMINISTRATION – GRANTS OF
PROBATE AND
LETTERS OF
ADMINISTRATION – RENUNCIATION – WHEN ALLOWED AND GENERALLY –
Source
Original judgment source is linked above.
Catchwords
SUCCESSION – PROBATE AND LETTERS OF ADMINISTRATION – GRANTS OFPROBATE ANDLETTERS OFADMINISTRATION – RENUNCIATION – WHEN ALLOWED AND GENERALLY –where the sole executor seeks to renounceher position due to disability –where the applicants seek the personal representative be replaced by thedeceased’sonly son – where the applicants seek for the grant ofprobate made to be revoked – whether the administration of theestate andgrant of probate ought to be given to the remaining sole beneficiary
Judgment (1 paragraphs)
[1]
[1] Two applications have been bought in relation to the Will of Debra May Goodwin. It is necessary to consider those applications together.
[2] The first application is by the executor of the Will, Lori Lillian Gurney to revoke the Grant of Probate S 7327 of 2024. That application is made because the personal representative / executor, Ms Gurney has a permanent disability and is no longer able to carry out her duties as executor. She seeks to retire from the administration due to her permanent disability.
[3] The second application is by Derek Jess Goodwin, the deceased's only son, for probate of the Will of Debra May Goodwin to be granted to him as the sole personal representative.
[4] The orders sought in both applications are not disputed and are sought by consent.
[5] Sections 46, 47 and 54 of the Succession Act 1981 (Qld) recognise the right of a named executor to renounce their position. Ms Gurney has exercised that right.
[6] Rule 603 of the Uniform Civil Procedure Rules 1999 (Qld) provides for an order of priority for the grant of letters of administration with the Will. Mr Goodwin has priority as the beneficiary.
[7] It is in the interests of the administration of the estate of Lori Lillian Gurney, and also in the interests of the only beneficiary, Mr Derek Jess Goodwin, that Ms Gurney be given leave to renounce her position as the sole executor of the Will due to her permanent disability. It is also in the interests of the estate and the only beneficiary that Mr Goodwin replace Mr Gurney as personal representative.