Lines v Wilcox & Ors [2019] EWHC 1451 (Ch) (10 June 2019)

Lines v Wilcox & Ors [2019] EWHC 1451 (Ch) (10 June 2019)

The dispute is a hostile trust dispute between adult beneficiaries; the administrator's duty is to remain neutral and not litigate at the risk of the estate. Beddoe relief is refused; beneficiaries may pursue a derivative claim at their own risk as to costs.

Citation
[2019] EWHC 1451 (Ch)
Parties
Claimant: Damian Lines (as administrator of the Estate of Mrs NE Brock, deceased); First Defendant: Maureen Wilcox; Second Defendant: Gary Wilcox; Third Defendant: Clive Brock; Fourth Defendant: Caroline Brock; Fifth Defendant: Michelle Long
Jurisdiction
England and Wales
Judgment Date
10 June 2019
Procedural Posture
Beddoe Application / Judgment on Threshold Issue
Outcome
Beddoe order refused
Legal Topics
Beddoe Orders, Hostile Trust Disputes, Derivative Claims, Costs Indemnity, Administration of Estates
Trusts and Estates Civil Procedure Beddoe Orders Hostile Trust Disputes Derivative Claims Costs Indemnity Administration of Estates

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Parties

Damian Lines (as administrator of the Estate of Mrs NE Brock, deceased)

Claimant

Maureen Wilcox

First Defendant

Gary Wilcox

Second Defendant

Clive Brock

Third Defendant

Caroline Brock

Fourth Defendant

Michelle Long

Fifth Defendant

Procedural Posture

Beddoe Application / Judgment on Threshold Issue

Legal Issues

  1. 1 Whether a Beddoe order should be granted to the administrator to pursue a claim against certain beneficiaries regarding a disputed asset transfer
  2. 2 Whether the dispute is properly categorised as a hostile trust dispute between beneficiaries
  3. 3 Whether the administrator should remain neutral and allow beneficiaries to litigate at their own risk

Ratio Decidendi

The dispute is a hostile trust dispute between adult beneficiaries; the administrator's duty is to remain neutral and not litigate at the risk of the estate. Beddoe relief is refused; beneficiaries may pursue a derivative claim at their own risk as to costs.

Court Disposition

Beddoe order refused

Orders

  • No Beddoe order granted; administrator to remain neutral; beneficiaries may pursue derivative claim at their own risk as to costs