Hudman v Morris [2021] EWHC 1400 (Ch) (01 June 2021)

Hudman v Morris [2021] EWHC 1400 (Ch) (01 June 2021)

Alan's conduct in relation to the disputed expenses claim, his sustained and unreasonable hostility towards his siblings, and his inability to act impartially and objectively threaten the proper and effective administration of the estate. The breakdown of relations makes it impossible for the executors to administer the estate, justifying the removal of both Alan and Sharon as executors and the appointment of an independent administrator.

Citation
[2021] EWHC 1400 (Ch)
Parties
Claimant: Sharon Marie Hudman; Defendant: Alan Wayne Morris
Jurisdiction
England and Wales
Judgment Date
01 June 2021
Procedural Posture
Part 8 Claim (removal of Executor) / Judgment After Final Hearing
Outcome
Both Alan Wayne Morris and Sharon Marie Hudman are removed as executors; Ms Nia Wharry is appointed as substitute personal representative.
Legal Topics
Removal of Executor, Administration of Estates, Hostility Between Beneficiaries and Executor, Court of Protection Proceedings, Section 50 Administration of Justice Act 1985, Section 116 Senior Courts Act 1981
Probate Trusts and Estates Removal of Executor Administration of Estates Hostility Between Beneficiaries and Executor Court of Protection Proceedings Section 50 Administration of Justice Act 1985 Section 116 Senior Courts Act 1981

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Parties

Sharon Marie Hudman

Claimant

Alan Wayne Morris

Defendant

Procedural Posture

Part 8 Claim (removal of Executor) / Judgment After Final Hearing

Legal Issues

  1. 1 Whether Alan Wayne Morris should be removed as executor under s.50 Administration of Justice Act 1985 or passed over under s.116 Senior Courts Act 1981
  2. 2 Whether the conduct of Alan Wayne Morris justifies his removal as executor
  3. 3 Whether the breakdown of relations between executors and beneficiaries justifies appointment of an independent administrator

Ratio Decidendi

Alan's conduct in relation to the disputed expenses claim, his sustained and unreasonable hostility towards his siblings, and his inability to act impartially and objectively threaten the proper and effective administration of the estate. The breakdown of relations makes it impossible for the executors to administer the estate, justifying the removal of both Alan and Sharon as executors and the appointment of an independent administrator.

Court Disposition

Both Alan Wayne Morris and Sharon Marie Hudman are removed as executors; Ms Nia Wharry is appointed as substitute personal representative.

Orders

  • Removal of Alan Wayne Morris and Sharon Marie Hudman as executors of the estate of Barry Leonard Morris.
  • Appointment of Ms Nia Wharry as independent administrator/personal representative.