Howes v Howes

Howes v Howes

The Claimant is entitled to an account of the Crozier estate because, if the Defendant misappropriated funds from the Crozier estate (which belonged to CDH), the Howes estate (of which the Claimant is a beneficiary) would have a claim against the Defendant for reimbursement. The Defendant has already provided a sufficient account of the Howes estate, so no further account is required for that estate.

Parties
Claimant: Alison Joan Howes; Defendant: John Neal Howes
Jurisdiction
England and Wales
Judgment Date
12 March 2021
Procedural Posture
Probate/trusts (part 8 Claim) / Judgment After Hearing of Application for Account
Outcome
Defendant ordered to produce an account of the Crozier estate; no further account of the Howes estate required; costs in the proceedings.
Legal Topics
Executor's Duty to Account, Beneficiary Rights, Fiduciary Obligations, Estate Accounts
Probate Trusts Estate Administration Executor's Duty to Account Beneficiary Rights Fiduciary Obligations Estate Accounts

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Parties

Alison Joan Howes

Claimant

John Neal Howes

Defendant

Procedural Posture

Probate/trusts (part 8 Claim) / Judgment After Hearing of Application for Account

Legal Issues

  1. 1 Whether the Defendant as executor has provided a sufficient account of the Howes estate to the Claimant as beneficiary
  2. 2 Whether the Claimant is entitled to an account of the Crozier estate, to which she is not a direct beneficiary but may have an indirect interest via the Howes estate

Ratio Decidendi

The Claimant is entitled to an account of the Crozier estate because, if the Defendant misappropriated funds from the Crozier estate (which belonged to CDH), the Howes estate (of which the Claimant is a beneficiary) would have a claim against the Defendant for reimbursement. The Defendant has already provided a sufficient account of the Howes estate, so no further account is required for that estate.

Court Disposition

Defendant ordered to produce an account of the Crozier estate; no further account of the Howes estate required; costs in the proceedings.

Orders

  • Defendant to produce an account of the Crozier estate covering the period from commencement of administration to when proceeds were reduced to less than £100 or administration of the Howes estate, whichever is earlier.
  • No further account of the Howes estate required.