Petterson v Ross & Ors [2013] EWHC 2724 (Ch) (20 September 2013)

Petterson v Ross & Ors [2013] EWHC 2724 (Ch) (20 September 2013)

An oral agreement was reached at the meeting of 18 August 2008 that Lorenzo would run Romana's Café as sole proprietor, entitled to all profits and responsible for all losses until sale, after which proceeds would be divided per the will. Wage claims by Lorenzo, Lisa, and Chantelle against the estate fail as Lorenzo...

Source-derived case information.

Citation
[2013] EWHC 2724 (Ch)
Parties
Claimant: Lawrence Petterson; First Defendant: Diana Marissa Ross; Second Defendant: Lorenzo Guiseppe Ross; Third Defendant: Gianni Valta Ross
Jurisdiction
England and Wales
Judgment Date
20 September 2013
Procedural Posture
Probate/chancery / Judgment After Trial
Outcome
Claims for wages by Lorenzo, Lisa, and Chantelle against the estate are dismissed. Directions given for abatement of legacies and application of liabilities per the Administration of Estates Act 1925.
Legal Topics
Abatement of Legacies, Construction of Wills, Estate Administration, Marshalling, Specific Bequests, Employment Claims Against Estate
Probate Trusts and Estates Abatement of Legacies Construction of Wills Estate Administration Marshalling Specific Bequests Employment Claims Against Estate

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Parties

Lawrence Petterson

Claimant

Diana Marissa Ross

First Defendant

Lorenzo Guiseppe Ross

Second Defendant

Gianni Valta Ross

Third Defendant

Procedural Posture

Probate/chancery / Judgment After Trial

Legal Issues

  1. 1 Whether an oral agreement was reached regarding the operation of Romana's Café after death
  2. 2 Whether Lorenzo, Lisa, and Chantelle have valid wage claims against the estate
  3. 3 How abatement of specific legacies should be calculated under the Administration of Estates Act 1925

Ratio Decidendi

An oral agreement was reached at the meeting of 18 August 2008 that Lorenzo would run Romana's Café as sole proprietor, entitled to all profits and responsible for all losses until sale, after which proceeds would be divided per the will. Wage claims by Lorenzo, Lisa, and Chantelle against the estate fail as Lorenzo was not an employee but a sole proprietor. Abatement of specific legacies must be calculated rateably according to value under the Administration of Estates Act 1925, and the mortgage on 13 Kensington Gardens is a general estate liability due to contrary intention in the will.

Court Disposition

Claims for wages by Lorenzo, Lisa, and Chantelle against the estate are dismissed. Directions given for abatement of legacies and application of liabilities per the Administration of Estates Act 1925.

Orders

  • Lorenzo entitled to all profits and responsible for all losses of Romana's Café until sale; wage claims against estate dismissed.
  • Abatement of specific legacies to be calculated rateably according to value as per Administration of Estates Act 1925.