Gaskin v Chorus Law Limited [2019] EWHC 616 (Ch)

WTLR Issue: Autumn 2019 #176

GASKIN

V

CHORUS LAW LIMITED AND ANOR

Analysis

The claimant ‘C’ and second defendant ‘D2’ were two of the children of the deceased, who appeared to have died intestate in 2012. They appointed a probate company ‘D1’ to administer the estate, who took a grant under a power of attorney from D2 in 2013. By 2016, the estate had not been administered and C believed D2 was living in the deceased’s property, so C issued a claim to remove Ds as administrators and for D2 to pay an occupation rent. D1 consented to be removed, but on terms that its fees would be paid. D2 agreed to D1 being removed, but not to her own removal or to payment of occupation rent; instead she sought a declaration that she had a beneficial interest in the property and made a claim under the 1975 Act.

Counsel details

Mr Michael Ashdown (8 New Square, Lincoln’s Inn, London WC2A 3QP, tel 020 7306 0102, email chambers@wilberforce.co.uk) instructed by LK Solicitors Ltd (Cardinal Point, Park Road, Rickmansworth, Middlesex WD3 1RE, tel 02080 640443, email lksolicitors@googlemail.com) for the appellant.


Mr Sam Chandler (5 Stone Buildings, Lincoln’s Inn, London WC2A 3XT, tel 020 7242 6201, email clerks@5sblaw.com) instructed by Shulmans LLP (10 Wellington Place, Leeds LS1 4AP, tel 01132 452833, email mail@shulmans.co.uk) for the first respondent.


Mr Mark Baxter 5 Stone Buildings, Lincoln’s Inn, London WC2A 3XT, tel 020 7242 6201, email clerks@5sblaw.com) instructed by Listenlegal (71 Camp Rd, Gerrards Cross, Buckinghamshire SL9 7PF, tel 01753 883531, email listen.legal@btinternet.com) for the second respondent.

Cases referenced

Cases in bold have further reading - click to view.

  • Griffin v Higgs [2018] EWHC 2498 (Ch)

Legislation referenced

Legislation in bold has further reading - click to view.

  • Administration of Estates Act 1925, ss25, 44 Administration of Justice Act 1985, s50