Order for disclosure sought against executors of estate

Not your average case, but I nonetheless found the case of Helg v Sergiacomi & Another [2014] QSC 50 an interesting read.

Both parties were self-represented and the claim and assertions somewhat unclear.  Ultimately, the applicant sought disclosure of documents relating the deceased’s estate of transactions during the deceased’s lifetime including a Trust Deed and mortgage documentation.   The applicant asserted that the respondents did not discharge their duties as executors and further alleged misuse of their appointment as the deceased’s attorney.

In respect of the disclosure relating to property being transferred to the respondents in their representative capacity for the purpose of administering the estate, the applicant was unable to satisfy the court as to the merit of this claim and His Honour declined to make orders as a result.

His Honour dismissed the application and ordered the Applicant pay the Respondent’s costs on the standard basis.  You can read the case here.


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