The Supreme Court of Queensland, in the case of Re Smadja (dec’d) [2024] QSC 273, addressed an application by John Kees de Groot for letters of administration concerning the will and codicil of Odile Marie Evelyne Smadja, a deceased French resident whose estate includes assets in Queensland. The court granted the application without an oral hearing, based on copies of the testamentary documents, as the originals were legally retained in France under its Civil Code. The will, executed in 2014, bequeaths all assets to Yasmina Slimani, the residuary beneficiary, with specific bequests to Smadja's mother and acquaintances. The use of copies was necessitated by French legal constraints and was justified by the estate's administration in France, ensuring no conflict with Queensland jurisdiction. The court ordered the letters of administration to facilitate the integration of Queensland-based assets into the estate's overall administration. The application's costs were ordered to be borne by the estate.
Full text: https://www.sclqld.org.au/caselaw/150338