Kershaw v Micklethwaite & Ors

Kershaw v Micklethwaite & Ors

The matters relied on by Mr Kershaw, individually or collectively, do not provide a real basis for supposing that the estate will not be administered satisfactorily or that the welfare of the beneficiaries calls for a change; the testator's choice and cost considerations weigh against removal.

Parties
Claimant: John Kershaw; Defendant: Julia Micklethwaite; Defendant: Jennifer Barlow; Defendant: Christopher Humphreys
Jurisdiction
England and Wales
Judgment Date
12 February 2010
Procedural Posture
Probate Application / Judgment on Application to Remove Executors
Outcome
Claim dismissed
Legal Topics
Removal of Executors, Conflict of Interest, Administration of Estates
Probate Trusts and Estates Removal of Executors Conflict of Interest Administration of Estates

Case Brief

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Parties

John Kershaw

Claimant

Julia Micklethwaite

Defendant

Jennifer Barlow

Defendant

Christopher Humphreys

Defendant

Procedural Posture

Probate Application / Judgment on Application to Remove Executors

Legal Issues

  1. 1 Whether the defendants should be removed as executors of Mrs Adrienne Shaw Kershaw's Will under section 50 of the Administration of Justice Act 1985

Ratio Decidendi

The matters relied on by Mr Kershaw, individually or collectively, do not provide a real basis for supposing that the estate will not be administered satisfactorily or that the welfare of the beneficiaries calls for a change; the testator's choice and cost considerations weigh against removal.

Court Disposition

Claim dismissed

Orders

  • No executors are to be removed; defendants remain as executors.