Coutts & Company v Banks & Ors [2002] EWHC 2460 (Ch) (21 November 2002)

Coutts & Company v Banks & Ors [2002] EWHC 2460 (Ch) (21 November 2002)

The executor is not obliged to take proceedings to recover a chattel specifically bequeathed if it is not required for administration; the executor should assent to the chattel in favour of the specific legatee and, if necessary, assign any cause of action to her. Costs and risks of recovery are to be borne by the specific legatee.

Citation
[2002] EWHC 2460 (Ch)
Parties
Claimant: Coutts & Company; First Defendant: Ann-Robin Banks; Second Defendant: The Terrence Higgins Trust; Third Defendant: The Royal Literary Fund; Fourth Defendant: The Artists' General Benevolent Institution; Fifth Defendant: Amnesty International; Sixth Defendant: Shelter; Seventh Defendant: The Architectural Association; Eighth Defendant: The Trustees of the Lorne Fund
Jurisdiction
England and Wales
Judgment Date
21 November 2002
Procedural Posture
Application for Directions (probate/estate) / Judgment After Hearing
Outcome
Application determined; directions given
Legal Topics
Executor's Duties, Specific Legacy, Incidence of Costs, Assent to Legatee, Assignment of Cause of Action
Probate Trusts and Estates Executor's Duties Specific Legacy Incidence of Costs Assent to Legatee Assignment of Cause of Action

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Coutts & Company

Claimant

Ann-Robin Banks

First Defendant

The Terrence Higgins Trust

Second Defendant

The Royal Literary Fund

Third Defendant

The Artists' General Benevolent Institution

Fourth Defendant

Amnesty International

Fifth Defendant

Shelter

Sixth Defendant

The Architectural Association

Seventh Defendant

The Trustees of the Lorne Fund

Eighth Defendant

Procedural Posture

Application for Directions (probate/estate) / Judgment After Hearing

Legal Issues

  1. 1 Whether executor must take proceedings to recover a chattel specifically bequeathed when not required for administration
  2. 2 Whether costs of recovery are to be borne by the specific legatee or residue
  3. 3 Whether executor can assent and assign cause of action to legatee

Ratio Decidendi

The executor is not obliged to take proceedings to recover a chattel specifically bequeathed if it is not required for administration; the executor should assent to the chattel in favour of the specific legatee and, if necessary, assign any cause of action to her. Costs and risks of recovery are to be borne by the specific legatee.

Court Disposition

Application determined; directions given

Orders

  • Executor ought not to take proceedings for recovery of the chattel.
  • Executor ought to offer to assent in favour of the First Defendant and, if called for, execute an assignment of any relevant cause of action in her favour.