NSW Trustee & Guardian; In the Estate of Francis [2014] NSWSC 123

ON 14 FEBRUARY 2014, the Supreme Court of NSW delivered NSW Trustee & Guardian; In the Estate of Francis [2014] NSWSC 123 (14 February 2014).

The deceased died without a will in 2009. His mother died in 1984. His birth certificate did not record the name of his father. Enquiries indicated that a person who married his mother was likely to be his father and that person died in 1980 and had no other children with the possible exception of a son who would be the deceased’s half brother.

The court was satisfied in the absence of any other evidence that the person identified as the deceased’s father was his father and that he had had predeceased him and left no other children with the possible exception of the half brother.  Accordingly, the court made a Benjamin Order (Re Benjamin; Neville v Benjamin [1902] 1 Ch 723) distributing the estate to the deceased’s possible half brother.

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