Executors: More than friction

Recent case law has clarified when the court considers an executor can be removed due to the breakdown of the relationship with the beneficiaries. Laura Abbott explains Executors have a duty to administer the estate in accordance with law and in a timely manner, and to act in the best interests of the beneficiaries, not …
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Executors: A costly sibling clash

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 …
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Wilby v Rigby [2015] EWHC 2394 (CH)

Wills & Trusts Law Reports | April 2016 #158

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...

Wilby v Rigby [2015] EWHC 2394 (Ch)

Wills & Trusts Law Reports | December 2015 #155

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...