Angus v Emmott & Anor

Due to deadlock, animosity, and distrust among executors, and the need for impartial administration, all current executors are removed and replaced by a professional solicitor to ensure proper execution of the estate and timely submission of the compensation claim.

Parties: Claimant: Margaret Angus; Defendant: Donald Emmott; Defendant: Angela Emmott
Jurisdiction: England and Wales
Judgment Date: 03 February 2010
Procedural Posture: Application in the Administration of Estate / Judgment
Outcome: All current executors removed; professional solicitor appointed as sole personal representative.
Legal Topics: Removal of Executors, Submission of Compensation Claim, Deadlock Between Executors, Discretion of Court in Estate Matters

Probate Trusts Estate Administration Removal of Executors Submission of Compensation Claim Deadlock Between Executors Discretion of Court in Estate Matters

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Parties

Margaret Angus

Claimant

Donald Emmott

Defendant

Angela Emmott

Defendant

Procedural Posture

Application in the Administration of Estate / Judgment

Legal Issues

1 Whether the submission for compensation should be filed in its current form
2 Whether the statement of Anthony Steel should be included in the submission
3 Whether Mr. and Mrs. Emmott should be removed as executors

Ratio Decidendi

Court Disposition

All current executors removed; professional solicitor appointed as sole personal representative.

Orders

Gina Fairfax, a partner at Bishop & Sewell LLP, to be appointed as sole personal representative upon confirmation of independence and willingness.
Draft minute of order to be drawn up; costs arguments to be heard at hand down.