Adrian John Gill v Malcom Kirk Gill

Adrian John Gill v Malcom Kirk Gill

Malcolm Gill is liable to the estate for the outstanding balance of Rosemary’s partnership share, rent for occupation of the Farm, and wayleave payments received. He is not entitled to remuneration for repairs or further payment for the workshop. The claim for losses due to delay in removal of the Legal Charge fails as breaches occurred after his removal as executor. The draft final estate accounts are approved subject to adjustments per this judgment.

Parties
Claimant/executor: Adrian John Gill; Defendant/beneficiary/former Executor: Malcolm Kirk Gill
Jurisdiction
England and Wales
Judgment Date
21 March 2023
Procedural Posture
Probate/administration of Estate / Judgment After Trial of Claim (final Estate Accounts Approval)
Outcome
Claim allowed in part; final estate accounts approved subject to adjustments; sums due from Malcolm to be deducted from his share; credits for certain items allowed; claim for lost sale proceeds dismissed.
Legal Topics
Executor Duties, Breach of Fiduciary Duty, Partnership Dissolution, Mesne Profits, Wayleave Payments, Estate Accounts Approval
Probate Trusts Property Law Civil Procedure Executor Duties Breach of Fiduciary Duty Partnership Dissolution Mesne Profits +2 more

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Parties

Adrian John Gill

Claimant/executor

Malcolm Kirk Gill

Defendant/beneficiary/former Executor

Procedural Posture

Probate/administration of Estate / Judgment After Trial of Claim (final Estate Accounts Approval)

Legal Issues

  1. 1 Whether Malcolm Gill is liable for losses to the estate due to delay/removal of Legal Charge
  2. 2 Whether Malcolm Gill is liable for outstanding sums in respect of Rosemary’s share in the New Farming Partnership
  3. 3 Whether Malcolm Gill is liable for rent for occupation of the Farm

Ratio Decidendi

Malcolm Gill is liable to the estate for the outstanding balance of Rosemary’s partnership share, rent for occupation of the Farm, and wayleave payments received. He is not entitled to remuneration for repairs or further payment for the workshop. The claim for losses due to delay in removal of the Legal Charge fails as breaches occurred after his removal as executor. The draft final estate accounts are approved subject to adjustments per this judgment.

Court Disposition

Claim allowed in part; final estate accounts approved subject to adjustments; sums due from Malcolm to be deducted from his share; credits for certain items allowed; claim for lost sale proceeds dismissed.

Orders

  • Malcolm to pay £25,362 for Rosemary’s partnership share, £51,644 for rent, £1,512 for wayleave payments, and interest as claimed.
  • Credits to Malcolm for £240 heating oil, £100 house repairs, £200 building repairs, £600 workshop.