Continue reading "Will disputes: The recalcitrant executor"
Boothman & ors v Horsford & anr [2022] WTLR 1
Wills & Trusts Law Reports | Spring 2022 #186The claim sought removal of the defendants as executors of the estate of James and Agatha Horsford, who were the parents of the claimants and defendants.
The mother had died in December 2011 and the father had died in January 2014. It was common ground that the father’s estate was not fully administered. The claimants said this was an unconscionable delay. It was also said that the defendants had not properly accounted for their executorship and there remained outstanding questions as to what constituted his estate and what had happened to the monies within it. The defendants were...
Executors: More than friction
Continue reading "Executors: More than friction"
Hudman v Morris [2021] WTLR 877
Wills & Trusts Law Reports | Autumn 2021 #184The claimant was the executrix and one of five residuary beneficiaries of the estate of her late father. The defendant, her brother, was the co-executor and a fellow residuary beneficiary. The claimant brought a Part 8 claim under s50 of the Administration of Justice Act 1985 to remove the defendant as executor and, alternatively, sought an order that the defendant be passed over pursuant to s116 of the Senior Courts Act 1981. The claimant also sought the appointment of an independent administrator and was voluntarily willing to step down as executrix ...
Ugolor & ors v Ugolor [2021] WTLR 1127
Wills & Trusts Law Reports | Autumn 2021 #184The parties were siblings. The application concerned the estate of their mother, PF. PF had divorced from the parties’ father in 1980, after which PF had continued to live in a five-bed council property (the Property) with the children until they grew up. In 2004, PF acquired the freehold for £192,000. At some point, PF adopted three other children.
In around 2009 (on the defendant’s (D’s) evidence), D moved PF out of the Property and into one of D’s properties. According to the claimants’ evidence, PF was already showing signs of paranoia, and in 2015 D was taken to court by a ne...
Trustees: When to remove
Continue reading "Trustees: When to remove"
London Capital & Finance plc v Global Security Trustees Ltd [2020] WTLR 615
Wills & Trusts Law Reports | Summer 2020 #179The claimant raised money from private investors for the purpose of making loans to small and medium enterprises. The money was raised by issuing ‘mini-bonds’ for periods of up to five years, at varying rates of interest. Over a period of around two years, £237m was raised from more than 11,500 investors. Security for the bonds was provided by the claimant executing a debenture in favour of the defendant, as a ‘security trustee’. By December 2018, when the FCA issued a first supervisory notice on the claimant on the basis that its promotional material was ‘misleading, unfair and unclear’...