In the case of Re Langston [2024] QSC 221, the Supreme Court of Queensland addressed an application for letters of administration on intestacy filed by Ashlea Jordan Langston, the wife of the deceased, Scott Langston. Scott Langston died intestate in the United Kingdom, and although he did not leave an estate in Queensland, he had superannuation held by the Australian Taxation Office (ATO) in Australia. The court, recognizing Ms. Langston's priority under Queensland law as the surviving spouse, granted the application. This authorized her to administer the estate, which was primarily the superannuation balance of approximately $20,000. The court acknowledged there was sufficient justification for granting administration despite no estate being present in Queensland, due to Ms. Langston’s domicile and familiarity with the deceased's affairs. The court also ruled that Ms. Langston's costs were to be paid from the estate on an indemnity basis.
Full text: https://www.sclqld.org.au/caselaw/148964