The 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 ...
The deceased was survived by his daughter (the claimant) and his son (the defendant). The deceased died in 2004 and a grant of probate was extracted in May 2007. By his will the claimant and defendant were appointed as his executors and trustees. Various issues relating to the administration of the estate arose (see para 3). Among these was a portfolio of stocks and shares given to the claimant by the deceased’s will. It was not until February 2013 that the portfolio was assented to the claimant, and then only because she assented it to herself without the defendant’s concurr...
This was a claim brought by Valerie Anstey, one of the three daughters of the late George Carty. Valerie contended that Mr Carty should be buried in England. Her half sister, Sonia Mundle and her cousin, Cynthia Allison argued that he should be buried in Jamaica. Valerie was supported by another half sister, Stephanie Watson.
Owing to the defendants’ failure to undertake not to repatriate the body pending resolution of the dispute, Valerie sought and was granted an urgent interim injunction forbidding the removal of the body from the jurisdiction. Owing to the urgency of th...
Continue reading "Executors: A costly sibling clash"
The appellants were the executors of the will of the deceased who had died on 15 October 2012. The appellants had filed an annual self-assessment return for 2012/13, covering the period from 6 April 2012 to the date of death, which under-declared the income for that period. On 26 September 2013, an executor had written to HMRC, sending a cheque for the outstanding tax then due and stating that he presumed that this was full and final settlement and would proceed to distribute the estate. The executors proceeded to do that but failed to publish notice in the London Gazette of tha...
This was a claim by the claimant (C) against her brother (D) relating to the administration of the estate of their late mother (S).
S died on 30 November 2011 leaving two children: C and D. S’s will appointed C and D as executors and trustees and she gave her whole estate, upon the usual trusts for sale and conversion, to be held in trust to divide the net sale proceeds equally between C and D.
The main asset in the estate was S’s property worth in the order of £165,000 (the House). There were also capital and other investments in the order of some £108,000. The...
This was an application to remove Mr Ian Rigby (Ian) as administrator of the estate of Sybil Rigby. Sybil Rigby died on 30 November 2011, leaving two adult children, Ian Rigby and Janice Wilby (Janice). By her will dated 8 February 2001 Sybil Rigby appointed Janice and Ian to be her executors and trustees and gave the residue of the estate to Ian and Janice in equal shares. The value of the net estate was £271,134. The estate contained Sybil Rigby’s home (the property), which represented more than half the value in the estate
Janice initially agreed that Ian could administer...
Continue reading "Executors: Duties to maintaining the estate, as well as to beneficiaries"
Continue reading "Executors: Keep tabs"
Everard Goodman (the deceased) died on 17 April 2011 leaving a will dated 15 December 2010 (the will) naming his sons, the claimants (C), his daughter, the second defendant (D2), and his widow, the first defendant (D1), as executors. However, relationships between the parties were very poor and, on 16 August 2012, D1, a beneficiary under the will as well as one of the executors named in it, issued an application for an independent professional to take over the administration of the deceased’s estate under s50 of the Administration of Justice Act 1985 (the 1985...