[2003] NSWSC 508

SUCCESSION- WILLS, PROBATE AND ADMINISTRATION- rules of public policy – forfeiture by killing -application to have funds released to person accused of murdering testator – EXECUTORS AND ADMINISTRATORS – what constitutes administration being completed – personal liability of representative for release of funds to wrong beneficiary – EXECUTORS AND ADMINISTRATORS – rights, powers and duties – duty to ascertain the beneficiaries – duty where notice of possible forfeiture by a beneficiary – PROCEDURE – administration of estates – application to release funds to a possible beneficiary before estate administration complete – basis for a right of a beneficiary from an estate not fully administered – appropriation – interim distributions -whether beneficiary has a right to be paid where there is an undecided forfeiture question – PROCEDURE – administration of estates – summary relief requiring distribution by executor – when appropriate – EVIDENCE – CIVIL PROCEEDINGS – effect of a verdict in criminal proceedings on a factual question in civil proceedings – admissibility and significance of a conviction – EVIDENCE – onus of proof – presumption of innocence – role in proof of criminal or seriously wrongful acts within civil proceedings – whether applicable in litigation where whether such an act has occurred is not being decided.