I am not surprised by tomorrows court application by Mr Dickie. I have been expecting it. My educated guess ( having done many court applications for deceased estates) is that Allison appointed GBC as her executor in her will like most spouses do. He is probably also her sole beneficiary in the event he survives her for 30 days and if not then it would likely be the 3 girls. Most spouses then provide alternate or back up executors in case their spouse cant act as executor because, to use the common will wording they are unable or unwilling to act or die before my estate is completely administered.
Allison probably appointed her father Mr Dickie as her back up executor. GBC being in remand is clearly unable to act as executor. As Keentoknow told us, persons in remand cant do anything to do with paperwork relating to finances. Therefore GBC would not be allowed to act as executor because of remand rules. An executor can renounce his appointment as executor if they dont want to or cannot do the job. That then leaves the back up executor free to apply to the Supreme Court registry for a Grant of Probate of the will without it having to go before a judge. It is usually a straightforward process. I am sure GBC could get permission from the prison to sign such a document renouncing his appointment as executor. The fact that Mr Dickie is having to make a court application could mean 2 things. Either GBC has refused to sign a renunciation or maybe Mr Dickie is not the back up executor in the will.
Whatever is the situation, it appears from the news report that Mr Dickie is making an application to the Supreme Court for an order that he be appointed to administer Allisons estate. If successful, he then has the legal authority of the court to collect her assets including life insurance and superannuation, pay her estate debts ( which may be a tricky job to work out what the estate is liable for) and then invest and hold the balance estate upon trust for whoever may ultimately be entitled to it. If GBC is the sole beneficiary then it wont be known if he is entitled to the estate until he is either convicted or acquitted of the murder charges. If he is convicted then he is not allowed to benefit from his victims estate and the alternate beneficiaries, likely the girls, will be the beneficiaries when they turn 18. If he is acquitted then he will be entitled.
So tomorrows application may be contested or uncontested. There will be a callover by the judge at 10am when he will ask for estimates of time from the lawyers that each of the matters listed will take. He will then say what order he intends to hear those matters. Eventually Mr Dickies matter will be heard and hopefully an order made on the spot. It could take about an hour. I expect that Mr Dickie would be there with his lawyer. GBCs lawyer may also be there, but I expect that GBC would not oppose the orders sought.
We will no doubt find out what happens tomorrow by MSM reports.
