Event and Time
Event Description
- Frank Slater died on 30 December 2011, leaving three sons: Geoffrey, Peter, and the plaintiff, Richard Slater.
- Probate for Frank's will dated 25 July 2006 was granted to Richard on 26 November 2013, which devised his residuary estate to his sons.
- Geoffrey and Peter have asserted claims against Richard for alleged negligence as executor, particularly regarding delays in administering the estate.
Application and Claims
- Richard, by originating motion dated 11 December 2019, sought orders under s 30 of the Administration and Probate Act 1958 to bar any claims by Geoffrey and Peter against the estate, allowing him to distribute it without regard to those claims.
- Geoffrey and Peter denied proper service of the s 30 notice, contesting Richard's application.
Judicial Decisions
- The Court scheduled hearings concerning the application, and numerous adjournments were sought by Geoffrey and Peter.
- The plaintiff's affidavit affirmed that the claims have not been pursued and service was validly made via email.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff (Richard Slater) Claims:
- He alleges that Geoffrey and Peter have made claims of negligence against him, but have failed to formally pursue them. - He contends that the estate has been ready for distribution for over a year and that the lingering claims complicate the estate administration.
- Geoffrey and Peter’s Claims:
- They argued they suffered losses due to Richard's negligence in transferring shares per the terms of settlement from 12 November 2013. - They asserted a lack of proper service of the s 30 notice, contending that without this, Richard cannot bar their claims.