Hudman v Morris

Hudman v Morris

Alan’s conduct regarding the Expenses claim, sustained hostility towards siblings, and inability to act impartially threaten proper and effective administration of the estate, justifying removal as executor. Breakdown of relations makes administration impossible, warranting appointment of independent administrator.

Parties
Claimant: Sharon Marie Hudman; Defendant: Alan Wayne Morris
Jurisdiction
England and Wales
Judgment Date
01 June 2021
Procedural Posture
Part 8 Claim / Final Judgment
Outcome
Both Alan Wayne Morris and Sharon Marie Hudman removed as executors; Ms Nia Wharry appointed as substitute personal representative.
Legal Topics
Removal of Executor, Hostility Between Beneficiaries, Administration of Justice, Court of Protection Proceedings
Probate Estate Administration Removal of Executor Hostility Between Beneficiaries Administration of Justice Court of Protection Proceedings

Case Brief

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Parties

Sharon Marie Hudman

Claimant

Alan Wayne Morris

Defendant

Procedural Posture

Part 8 Claim / Final Judgment

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 Alan's conduct and hostility towards other beneficiaries justifies removal
  3. 3 Whether the breakdown of relations between executors and beneficiaries makes administration impossible

Ratio Decidendi

Alan’s conduct regarding the Expenses claim, sustained hostility towards siblings, and inability to act impartially threaten proper and effective administration of the estate, justifying removal as executor. Breakdown of relations makes administration impossible, warranting appointment of independent administrator.

Court Disposition

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

Orders

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