HASKETT -v- JAGO [2026] WASC 332

[2026] WASC 332 Page 1 JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA IN CHAMBERS CITATION : HASKETT -v- JAGO [2026] WASC 332 CORAM : SOLOMON J HEARD : ON THE PAPERS DELIVERED : 13 AUGUST 2026 FILE NO/S : CIV 2423 of 2025 BETWEEN : SONYA MAY HASKETT Plaintiff AND JENNIE LEAH JAGO First Defendant LLOYD QUENTIN HASKETT Second Defendant Catchwords: Renunciation of probate - Passing over an executor - Independent administrator - Uncontested basis - s 36 Administration Act - s 18 Supreme Court Act Legislation: Administration Act 1903 (WA) Supreme Court Act 1935 (WA) Wills Act 1970 (WA) -- 1 of 5 -- [2026] WASC 332 Page 2 Result: Orders made granting letters of administration Category: B Representation: Counsel: Plaintiff : No appearance First Defendant : No appearance Second Defendant : No appearance Solicitors: Plaintiff : Arns & Associates First Defendant : Haynes Leeuwin Second Defendant : In Person Case(s) referred to in decision(s): Tasknis v Lilburne [2010] WASC 152 -- 2 of 5 -- [2026] WASC 332 SOLOMON J Page 3 SOLOMON J: 1 Patricia Maureen Haskett (Ms Haskett) died on 12 September 2025. The late Ms Haskett had three children: two daughters, being the plaintiff and the first defendant, and a son, the second defendant. Ms Haskett's husband, the father of her children, died in 2011. 2 Ms Haskett left a will dated 20 August 2006 (the Will). The evidence before the court establishes that the Will is executed and witnessed in proper form in accordance with the requirements of the Wills Act 1970 (WA), giving rise to the presumption of its validity. There is no dispute that the Will is valid and is the last will and testament of Ms Haskett. 3 Under the Will, Ms Haskett left her estate to her three children in equal shares. The Will appointed the first defendant as the executor and provided that if the first defendant died before Ms Haskett, then she appointed the second defendant as the executor. As the first defendant is still alive, the alternative appointment was not enlivened. 4 In her declining years, Ms Haskett suffered from dementia. Following the death of her husband, Ms Haskett granted an enduring power of attorney to the first defendant. In 2017 and 2018, a dispute arose between Ms Haskett's children regarding the first defendant's management of Ms Haskett's affairs. The dispute resulted in proceedings before the State Administrative Tribunal (the Tribunal). In 2018, the Tribunal made orders declaring Ms Haskett unable to manage her affairs and appointed the Public Trustee as plenary administrator of her estate. 5 Following Ms Haskett's death, the plaintiff lodged a caveat against the grant of probate to the first defendant. In December 2025, the plaintiff issued these proceedings in which she sought orders affirming the validity of the Will, but that the first defendant be passed over as executor and that an independent legal practitioner, Mr Ian Torrington Blatchford (Mr Blatchford), be granted administration of Ms Haskett's estate with the Will annexed. 6 By letter filed with the court on 14 January 2026, the second defendant advised the court that he supported the plaintiff's application for the first defendant to be passed over as executor of the estate and for the appointment of Mr Blatchford. -- 3 of 5 -- [2026] WASC 332 SOLOMON J Page 4 7 The first defendant filed a renunciation of probate. This was filed pursuant to leave granted by Registrar Jennings on 25 February 2026, and was received by the court on 3 March 2026. 8 On 25 February 2026, the court made orders for the setting down of the application for trial on an uncontested and undefended basis. Those orders mirrored the terms of a minute of consent orders signed by all parties and filed on 24 February 2026. 9 Following the orders of 25 February 2026 and the filing of affidavits and submissions in accordance with those orders, the second defendant filed an affidavit sworn on 9 June 2026. The affidavit suggested that he wished to resile from the agreement that formed the basis of the minute of consent orders of 24 February 2026 and the orders of 25 February 2026. However, at a hearing on 10 August 2026, the second defendant confirmed his agreement with the matters the subject of the orders of 25 February 2026. 10 Accordingly, neither the first nor the second defendant oppose the orders sought by the plaintiff. Mr Blatchford has, by affidavit sworn on 1 April 2026, confirmed his willingness to his appointment. 11 Under s 18 of the Supreme Court Act 1935 (WA), this court has voluntary and contentious probate jurisdiction and authority in relation to the granting or revoking of probate of wills and letters of administration of all real and personal estate whatsoever within Western Australia of any deceased person.1 12 Section 36 of the Administration Act 1903 (WA) provides that where a person dies leaving a will but having appointed an executor who is not willing and competent to take probate, the court may appoint an administrator of the estate. 13 The court has power to pass over an executor who has been named in a will. That is generally done in exceptional circumstances, but the power is not limited to exceptional circumstances. There are no limits to the grounds upon which an applicant may be passed over.2 Every case must depend upon its special facts with each case to be decided upon its own merits.3 1 See Tasknis v Lilburne [2010] WASC 152 (Tasknis v Lilburne). 2 Tasknis v Lilburne [58]. 3 Tasknis v Lilburne [58]. -- 4 of 5 -- [2026] WASC 332 SOLOMON J Page 5 14 In light of the history of disputation between the parties, the orders made by the Tribunal, the first defendant's renunciation of probate and the absence of any opposition to the orders sought by the plaintiff, I am satisfied that it is appropriate to make the orders sought by the plaintiff passing over the first defendant as executor. 15 Mr Blatchford is an appropriate person to be granted administration of the estate and has confirmed to the court his willingness to accept that position. 16 Accordingly, the orders sought by the plaintiff shall be made in the following terms: (1) A declaration be made pursuant to s 32 of the Wills Act 1970 (WA) that the will of Patricia Maureen Haskett dated 20 August 2006 constitutes the deceased's last will. (2) The first defendant be passed over as executor of the estate. (3) A Registrar is to issue a grant of letters of administration with the will of Patricia Maureen Haskett dated 20 August 2006 annexed in solemn form of law in favour of Ian Torrington Blatchford, with the terms of the grant to be settled by a Registrar. (4) I will hear from the parties in relation to costs. I certify that the preceding paragraph(s) comprise the reasons for decision of the Supreme Court of Western Australia. MS Associate to the Hon Justice Solomon 13 AUGUST 2026 -- 5 of 5 --