Haynes v Andre & Anor

Haynes v Andre & Anor

The court found Mr Andre had ceased administering the estate and should be replaced. The Second Defendant, Kathleen Haynes, was appointed as substituted personal representative, as she was named in the will, had relevant knowledge, was advised by solicitors, and had incentive to complete administration. Appointment of an independent professional was not warranted given circumstances and costs.

Parties
Claimant: Charles Haynes; First Defendant: Raymond Andre; Second Defendant: Kathleen Haynes
Jurisdiction
England and Wales
Judgment Date
09 March 2018
Procedural Posture
Probate/administration of Estate / Judgment on Application for Removal and Substitution of Executor
Outcome
Application granted in part; Raymond Andre removed as executor, Kathleen Haynes appointed as substituted personal representative.
Legal Topics
Removal of Executor, Appointment of Substituted Personal Representative, Administration of Justice Act 1985 S.50, Beneficiary Rights, Estate Management
Probate Trusts Estate Administration Removal of Executor Appointment of Substituted Personal Representative Administration of Justice Act 1985 S.50 Beneficiary Rights Estate Management

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Parties

Charles Haynes

Claimant

Raymond Andre

First Defendant

Kathleen Haynes

Second Defendant

Procedural Posture

Probate/administration of Estate / Judgment on Application for Removal and Substitution of Executor

Legal Issues

  1. 1 Whether the estate of Yvonne Maria Haynes is being properly administered
  2. 2 Whether Raymond Andre should be removed as executor
  3. 3 Who should be appointed as substituted personal representative

Ratio Decidendi

The court found Mr Andre had ceased administering the estate and should be replaced. The Second Defendant, Kathleen Haynes, was appointed as substituted personal representative, as she was named in the will, had relevant knowledge, was advised by solicitors, and had incentive to complete administration. Appointment of an independent professional was not warranted given circumstances and costs.

Court Disposition

Application granted in part; Raymond Andre removed as executor, Kathleen Haynes appointed as substituted personal representative.

Orders

  • Kathleen Haynes to act as personal representative of Yvonne Maria Haynes's estate in place of Raymond Andre.
  • Sale of the property (Flat 153 Ashley Gardens) to take place under the direction of the Court.