Richard Wood & Anor v Sophie Fleming

Richard Wood & Anor v Sophie Fleming

The English High Court has jurisdiction over the probate and injunction proceedings due to the presence of English property and English-drafted will, regardless of the deceased's domicile. Ms Fleming's allegations against the executors are unfounded and based on misunderstanding; summary judgment is refused on will validity but granted to dismiss her misconduct allegations. The executors are not to be removed as they have not acted improperly and the impasse is of Ms Fleming's making. Ms Fleming is not a suitable litigation friend due to conflict of interest and conduct; Trevor Fleming is appointed instead. The injunction against Ms Fleming is continued and adjusted, as her conduct is...

Parties
Executor/claimant/defendant: Richard Wood; Executor/claimant/defendant: Rebecca Ward; Defendant/claimant: Sophie Fleming
Jurisdiction
England and Wales
Judgment Date
27 September 2024
Procedural Posture
Probate and Injunction (civil) / Interlocutory Judgment on Multiple Applications
Outcome
Applications by Ms Fleming for summary judgment, to set aside previous orders, for removal of executors, and to act as litigation friend are refused; application for appointment of interim administrators is granted; injunction against Ms Fleming is continued and adjusted.
Legal Topics
Executor Removal, Jurisdiction, Harassment, Summary Judgment, Litigation Friend, Disclosure, Administration of Estates
Probate Civil Procedure Injunctions Conflict of Laws Trusts and Estates Executor Removal Jurisdiction Harassment +4 more

Case Brief

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Parties

Richard Wood

Executor/claimant/defendant

Rebecca Ward

Executor/claimant/defendant

Sophie Fleming

Defendant/claimant

Procedural Posture

Probate and Injunction (civil) / Interlocutory Judgment on Multiple Applications

Legal Issues

  1. 1 Whether English High Court has jurisdiction over probate and injunction proceedings involving international estate and parties domiciled in different jurisdictions
  2. 2 Whether summary judgment should be granted on the validity of the will and on harassment claims
  3. 3 Whether the executors should be removed and replaced by administrators pending suit

Ratio Decidendi

The English High Court has jurisdiction over the probate and injunction proceedings due to the presence of English property and English-drafted will, regardless of the deceased's domicile. Ms Fleming's allegations against the executors are unfounded and based on misunderstanding; summary judgment is refused on will validity but granted to dismiss her misconduct allegations. The executors are not to be removed as they have not acted improperly and the impasse is of Ms Fleming's making. Ms Fleming is not a suitable litigation friend due to conflict of interest and conduct; Trevor Fleming is appointed instead. The injunction against Ms Fleming is continued and adjusted, as her conduct is...

Court Disposition

Applications by Ms Fleming for summary judgment, to set aside previous orders, for removal of executors, and to act as litigation friend are refused; application for appointment of interim administrators is granted; injunction against Ms Fleming is continued and adjusted.

Orders

  • Ms Fleming's applications for summary judgment, to set aside HHJ Rawlings' order, for removal of executors, and to act as litigation friend are refused.
  • Executors' application for appointment of interim administrators is granted; proposed solicitor appointed.