Haynes v Andre & Anor [2018] EWHC 489 (Ch) (09 March 2018)

Haynes v Andre & Anor [2018] EWHC 489 (Ch) (09 March 2018)

The First Defendant had ceased to administer the estate and was willing to retire. The Second Defendant, named in the will as replacement executor, had been actively involved, was advised by experienced solicitors, and had every incentive to complete administration. The estate lacked funds for professional fees. The court exercised discretion to appoint the Second Defendant as substituted personal representative, directing that the sale of the property be conducted under court supervision.

Citation
[2018] EWHC 489 (Ch)
Parties
Claimant: Charles Haynes; First Defendant: Raymond Andre; Second Defendant: Kathleen Haynes
Jurisdiction
England and Wales
Judgment Date
09 March 2018
Procedural Posture
Part 8 Claim Form Probate/trusts / Judgment on Application for Removal and Substitution of Executor
Outcome
Application granted in part: First Defendant removed as executor; Second Defendant appointed as substituted personal representative.
Legal Topics
Removal of Executor, Appointment of Substituted Personal Representative, Administration of Justice Act 1985 S.50, Estate Administration, Beneficiary Disputes
Probate Trusts Estate Administration Removal of Executor Appointment of Substituted Personal Representative Administration of Justice Act 1985 S.50 Beneficiary Disputes

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Parties

Charles Haynes

Claimant

Raymond Andre

First Defendant

Kathleen Haynes

Second Defendant

Procedural Posture

Part 8 Claim Form Probate/trusts / Judgment on Application for Removal and Substitution of Executor

Legal Issues

  1. 1 Whether the executor (Raymond Andre) should be removed under s.50 Administration of Justice Act 1985
  2. 2 Who should be appointed as substituted personal representative: the Second Defendant or an independent professional

Ratio Decidendi

The First Defendant had ceased to administer the estate and was willing to retire. The Second Defendant, named in the will as replacement executor, had been actively involved, was advised by experienced solicitors, and had every incentive to complete administration. The estate lacked funds for professional fees. The court exercised discretion to appoint the Second Defendant as substituted personal representative, directing that the sale of the property be conducted under court supervision.

Court Disposition

Application granted in part: First Defendant removed as executor; Second Defendant appointed as substituted personal representative.

Orders

  • Second Defendant to act as personal representative in place of First Defendant
  • Sale of property to take place under direction of the court