Re Sellers[2024] QSC 119

SUPREME COURT OF QUEENSLAND

1. [1]
   The applicant Richard Lee Armstrong is the nephew of Matthew John Sellers who is deceased. Mr Armstrong applies for letter of administration in the estate of his uncle.
2. [2]
   The deceased died intestate. The material does not show the state of his financial affairs at the time of his death.
3. [3]
   Chapter 15 of the Uniform Civil Procedure Rules 1999 (UCPR) deals with probate and administration, and trust estates. Part 4 concerns letters of administration on intestacy.
4. [4]
   Rule 610 provides as follows:

“610Priority for letters of administration

1. The descending order of priority of persons to whom the court may grant letters of administration on intestacy is as follows—

1. the deceased’s surviving spouse;

2. the deceased’s children;

3. the deceased’s grandchildren or great-grandchildren;

4. the deceased’s parent or parents;

5. the deceased’s brothers and sisters;

6. the children of deceased brothers and sisters of the deceased;

7. the deceased’s grandparent or grandparents;

8. the deceased’s uncles and aunts;

1. the deceased’s first cousins;

10. anyone else the court may appoint.

2. A person who represents a person mentioned in a paragraph of subrule (1) has the same priority as the person represented.

3. The court may grant letters of administration to any person, in priority to any person mentioned in subrule (1).

4. Also, if there is more than 1 surviving spouse, the court may make a grant to 1 or more of them, or to a person lower in the order of priority.

5. Each applicant must establish priority by providing evidence that each person higher in the order of priority is not entitled to priority because of death, incapacity or renunciation.

6. A document providing evidence for subrule (5) must be an exhibit to the application.

7. The applicant need not establish priority for a person equal to or lower than the applicant in the order of priority but the existence or non-existence and beneficial interest of any spouse or a person claiming to be a spouse must be sworn.”

5. [5]
   While r 610(1) provides a list of priority for the grant of letters of administration, r 610(3) maintains the Court’s discretion to grant letters of administration to whomever is appropriate, regardless of the position of that person in the list of priorities.^[1]
6. [6]
   As the nephew of the deceased, Mr Armstrong does not fall within any of the relationships prescribed by r 610(1)(a)-(i).
7. [7]
   While, as already observed, the Court has a discretion to appoint any person as administrator of an intestate estate, the usual approach is to consider the list of priorities prescribed by r 610.
8. [8]
   The deceased was married^[2] but was divorced by order of the Federal Magistrates Court of Australia made on 7 March 2013. There is no surviving spouse.^[3]
9. [9]
   The only child of the deceased^[4] is Zac Alexander Sellers. Zac Sellers survived the deceased but renounced his right to apply for administration on 27 February 2024.
10. [10]
    The deceased has no grandchildren or great-grandchildren.^[5]
11. [11]
    The deceased’s father, Sidney Noel Sellers died in Kempsey on 24 January 1997. The deceased’s mother, Evelyn Marshall died on 25 October 1987 at Westmead.^[6]
12. [12]
    The deceased has a sister, Pam Marie Armstrong^[7] but she renounced her right to administration of the deceased on 9 February 2024.
13. [13]
    While the evidence is not completely clear, it seems that the only sibling of the deceased is Pam Armstrong. There are apparently no deceased brothers or sisters of the deceased^[8] so r 610(1)(f) is not engaged.
14. [14]
    There is no direct evidence as to whether the deceased has surviving grandparents.^[9] However, given that the deceased achieved the age of 64 years, that would be surprising.
15. [15]
    There is no direct evidence as to whether the deceased has surviving uncles and aunts^[10] or first cousins.^[11]
16. [16]
    While the evidence is wanting in relation to some of the categories of priority, the most proximate to the deceased either don’t exist, have died, or have renounced their right to apply for administration. Mr Armstrong’s application for letters of administration has been properly advertised and no one other than Mr Armstrong has shown an interest in administering the estate.
17. [17]
    In all of the circumstances, it is appropriate to grant letters of administration to Mr Armstrong and I do so.
18. [18]
    It is ordered:

1. That the applicant be granted letters of administration in the estate of Matthew John Sellers subject to the formal requirements of the Registrar.