Wills & Trusts Law Reports | Winter 2022 #189The claimant was the daughter of the deceased. The defendant was said to have been in a relationship with the deceased. The deceased appointed the defendant along with two others as executors of his will. He also devised a freehold commercial property and £75,000 to the defendant. The residue of the estate was to be divided equally between the claimant and her two siblings. The claimant disputed the validity of the will.
On 6 May 2021, after a chain of correspondence, the claimant’s solicitors wrote to the defendant’s solicitors on an open basis setting out various detailed points...
Wills & Trusts Law Reports | Winter 2022 #189The issue before the court was costs in proceedings relating to the estate of Richard Stephen Fullard (the testator), who died on 4 April 2020. By a will dated 20 June 2019 (the will), the testator appointed the following as executors and trustees of his will: the claimant, his son; the first defendant, his friend; the second defendant, his partner; and the third claimant, his daughter. By the will the testator also bequeathed one property to the second defendant, and another property to the claimant and third defendant. He made various pecuniary legacies, including to the first defendan...
Claims for the removal of executors or administrators are commonplace and mishandling them can result in a hefty bill for the defendant. James McKean reports The PR(s) in both cases were heavily criticised for filing extensive evidence before conceding – or even while conceding – the claim. In the recent cases of Fellner v Cleall [2021] and Fullard …
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