Administration of Justice Act 1985, s50

JUDGMENT JONATHAN HILLIARD KC: Introduction [1] This case concerns a dispute over the effect of a will and the administration of an estate, specifically whether a gift under the will has adeemed and whether the executrix should be replaced by an independent solicitor. [2] The estate is that of Monica Lane (the ‘Deceased’), who died …

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Bowser v Smith & anr [2023] WTLR 1207

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JUDGMENT SIR LAUNCELOT HENDERSON: Introduction [1] This is an appeal against a costs order made by Bacon J (‘the Judge’) on 24 November 2022 (‘the Costs Order’), pursuant to directions which she had given on 3 November 2022 when making a consent order removing the two original executors of the will (‘the Will’) of the …

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Chimelu v Egemonye & ors (2) [2022] WTLR 23

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JUDGMENT DISTRICT JUDGE CARTER: [1] This is an application by the claimant pursuant to s4 of the Inheritance Act to allow the claim to proceed. I have already given one judgment in relation to this case, but I will briefly within this judgment give some details of the background of the claim to put my …

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Da Silva v Heselton & ors [2022] WTLR 1229

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JUDGMENT LORD JUSTICE NUGEE: Introduction [1] This second appeal concerns the effect of a charging clause in a will. [2] I will set out the clause in question straightaway. It is found in clause 11 of the will of Ms Gladys Townsend. The relevant part of this clause reads as follows: ’MY TRUSTEES shall have …

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Fellner v Cleall [2022] WTLR 1271

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JUDGMENT DEPUTY MASTER LINWOOD: [1] This is the disposal hearing in a Part 8 claim brought by the claimant, Jane Alexandra May Fellner. The claimant is a sister – in fact I believe a half-sister – of the deceased, Jason Charles Head Fellner and the claimant has two living siblings who support the claimant’s position …

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Fullard v Kershaw & ors [2022] WTLR 1323

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JUDGMENT MASTER PESTER: Introduction [1] The only issue before me today is a dispute about costs. These proceedings relate to the estate of Richard Stephen Fullard, ‘The Testator’. He died on 4th April 2020. He died testate, leaving a will dated 20th June 2019. The key provisions of the will are he appoints as executors, …

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

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JUDGMENT MASTER PESTER: [1] I have before me an application dated 20 August 2020 by a Part 8 claim form. The claimants are four sisters, the defendants are firstly, the older sister of the family, Avril, and the party’s brother, Lauren. The application seeks the removal of the defendants as executors of the estate of …

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Brookman & anr v Potts & anr [2022] WTLR 37

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JUDGMENT HHJ DAVIS-WHITE QC: [1] This is my judgment following the hearing of the CPR part 8 claim form issued on 25 January 2021. In its terms the claim form seeks the removal of the defendants as trustees and executors of the will of Arthur Brookman (the ‘Deceased’) and the appointment of the claimants in …

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Hudman v Morris [2021] WTLR 877

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JUDGMENT MASTER CLARK: [1] This is my judgment in a Part 8 claim seeking the removal of the defendant as executor under s50 of the Administration of Justice Act 1985, alternatively that he be passed over as executor pursuant to s116 of the Senior Courts Act 1981. [2] The claim concerns the estate of Barry …

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Ugolor & ors v Ugolor [2021] WTLR 1127

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JUDGMENT PETER KNOX QC: [1] I have before me an application by the Defendant, Mr Glenroy Eseh Ugulor, to allow him to remortgage the property known as 41 St Donatts Road, London SE14 6NU in Catford, London with a different lender from the one who currently has a mortgage over it. He wishes to do …

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