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27 June (Thursday)- In Person - The Position of Executors Before Grant

Please note this was originally on on a different date but has been changed. 

This CPD will be run by registration only. Numbers are limited.

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Thursday, 27 June 2024 at 5pm- The Position of Executors Before Grant 

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).

This paper will suggest that 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, notwithstanding the view of the majority of the Court of Appeal that there is not.

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. 

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