Fullard v Kershaw & ors [2022] WTLR 1323

Winter 2022 #189

The 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...

Boothman & ors v Horsford & anr [2022] WTLR 1

Spring 2022 #186

The 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...