Da Silva v Heselton & Ors [2018] EWHC 1181 (Ch) (03 May 2018)

Da Silva v Heselton & Ors [2018] EWHC 1181 (Ch) (03 May 2018)

The effect of the consent order and s.50 Administration of Justice Act 1985 was to substitute the fourth defendant as personal representative and trustee of the residuary estate, removing the first defendant from those roles. The first defendant is not entitled to indemnity for liabilities incurred after her removal. The question of vesting of property in Dominica cannot be determined without further legal argument on Dominica law.

Citation
[2018] EWHC 1181 (Ch)
Parties
Claimant: Jacqueline Da Silva; First Defendant: Sandra Heselton; Second Defendant: Ronald Armour; Third Defendant: Jacqueline Boland; Fourth Defendant (administrator of the Estate): Peter Brunton; Fifth Defendant: Rita Boland
Jurisdiction
England and Wales
Judgment Date
03 May 2018
Procedural Posture
Probate/trust Dispute / Judgment on Applications for Construction of Consent Order, Joinder, and Indemnity
Outcome
Applications determined; first defendant removed as trustee of residuary estate; not entitled to indemnity; fourth and fifth defendants joined as parties; stay lifted for determination of applications.
Legal Topics
Construction of Will, Removal and Substitution of Personal Representatives, Indemnity of Trustees, Vesting of Property, Jurisdiction Over Foreign Property
Probate Trusts Property Construction of Will Removal and Substitution of Personal Representatives Indemnity of Trustees Vesting of Property Jurisdiction Over Foreign Property

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Parties

Jacqueline Da Silva

Claimant

Sandra Heselton

First Defendant

Ronald Armour

Second Defendant

Jacqueline Boland

Third Defendant

Peter Brunton

Fourth Defendant (administrator of the Estate)

Rita Boland

Fifth Defendant

Procedural Posture

Probate/trust Dispute / Judgment on Applications for Construction of Consent Order, Joinder, and Indemnity

Legal Issues

  1. 1 Whether the first defendant remained trustee of the residuary estate after the consent order
  2. 2 Whether property in Dominica vested in the first defendant
  3. 3 Whether the first defendant is entitled to indemnity for liabilities incurred as trustee

Ratio Decidendi

The effect of the consent order and s.50 Administration of Justice Act 1985 was to substitute the fourth defendant as personal representative and trustee of the residuary estate, removing the first defendant from those roles. The first defendant is not entitled to indemnity for liabilities incurred after her removal. The question of vesting of property in Dominica cannot be determined without further legal argument on Dominica law.

Court Disposition

Applications determined; first defendant removed as trustee of residuary estate; not entitled to indemnity; fourth and fifth defendants joined as parties; stay lifted for determination of applications.

Orders

  • Peter Brunton joined as fourth defendant and appointed personal representative in substitution for first and second defendants.
  • Rita Boland joined as fifth defendant.