Wilby v Rigby [2015] has useful practitioner points on applications for the removal of executors. Nicholas Pointon reports ‘The key to understanding the court’s decision on costs lies in analysis of the offers being made by Mrs Wilby in her attempts to reach settlement. Mrs Wilby proposed that both executors stand down and be replaced …
Continue reading "Executors: A costly sibling clash"
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Wills & Trusts Law Reports | June 2012 #120Dennis Griffiths (testator) died on 30 October 2008 leaving an estate worth about £430,000. By his last will, made nine years previously, the testator had appointed as his executors two partners in a firm of will writers known as ‘Will Drafters’ (respondents). The sole beneficiaries were the testator’s two stepchildren, Ruth Savidge and David Khan (applicant). The respondents initially proposed to charge 3-4% of the value of the estate to carry on its administration and the beneficiaries, who had already reached an informal agreement as to how to deal with the estate, i...
Khan v Crossland reveals flaws in the current method of passing over executors, as Michael O’Sullivan discusses ‘HHJ Behrens rejected the submission made by the defendants’ counsel that the executors needed to disentitle themselves to a grant before an order under s116 SCA could be made.’ The decision in Khan v Crossland was made by …
Continue reading "Probate: Jarndyce revisited"
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