Hudman v Morris [2021] WTLR 877

Wills & Trusts Law Reports | Autumn 2021 #184

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 ...

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...

James & anr v Louisewilliams & ors [2015] EWHC 1166 (Ch)

Wills & Trusts Law Reports | December 2015 #155

Thomas Edward Weetman (the deceased) died on 3 November 2008. His last will was executed on 19 September 2008 (the will). The principal assets in his estate (the estate) were shares in his company Weetman (Haulage & Storage) Ltd (the company) which he had successfully built up during his lifetime, and shares in a property known as Pasturefields Enterprise Park (the property) which the deceased owned but which was occupied, in whole or in part, by the company. The estate was of considerable value but illiquid. The will provided that fifty percent of the deceased’s shares in the ...