Gurrumul’s friend ‘intermeddling’ in estate, court documents reveal

A friend of Territory music legend, Gurrumul, has applied to administer the late Yolngu singer’s estate years after his death.

A FRIEND of Territory music legend, Gurrumul, has applied to administer the late Yolngu singer’s estate after years of “intermeddling” in the distribution of his songwriting royalties, a court has heard.

Documents published by the Supreme Court reveal Gurrumul did not appoint an executor when making his will in 2015, which was witnessed by friend and former business manager, Mark Grose.

In the will, Gurrumul promised half of his posthumous “income” to his daughter, Jasmine Yunupingu, with the rest to go to his Gurrumul Yunupingu Foundation, but did not say who would actually own the songs.

In handing down her interim judgment in Mr Grose’s application on Monday, Justice Judith Kelly found there may be “partial intestacy” in the celebrated musician’s estate.

“Royalty income is generated by the intellectual property in the recordings made by the deceased,” her judgment reads.

“That property may have substantial value and it does not seem to have been dealt with in the will. Neither does the will deal with other personal property such as musical instruments owned by the deceased which, because of their origin, might also have substantial value.”

Justice Kelly said in his affidavit, Mr Grose said he had distributed more than $95,000 in “net royalties” between Ms Yunupingu and the foundation but did not explain what was meant by the term.

Gurrumul passed away in 2017.

Justice Kelly said in circumstances where “it seems fairly clear” that not all of Gurrumul’s assets, including his intellectual property, were accounted for in his will, his “spouse” would be entitled to a share.

“The death certificate states that the deceased is married to Angela Mularawuy Gurruwiwi and gives his marital status as ‘separated now de facto relationship’,” she said.

“Presuming that the intestate estate includes the intellectual property which gives rise to the income, the intestate estate to be distributed … could amount to a considerable sum.”

As a result, Justice Kelly ruled Ms Gurruwiwi and Gurrumul’s de facto partner would each need to be consulted before Mr Grose’s application could be granted.

“A complicating factor in the determination of who should administer the estate is that, on Mr Grose’s own evidence, he has been intermeddling in the estate for years and making distributions without the authority of letters of administration and may be obliged to account to the estate for those distributions, or some of them,” she said.

The case will return to court on February 2.