Perry & Anor v Neupert

Perry & Anor v Neupert

The appeal was allowed because there were serious disputes of fact regarding the suitability of the appellants as personal representatives, and their credibility should be tested at trial. Summary judgment was not appropriate in these circumstances.

Parties
Appellant: Lea Lily Perry; Appellant: Tamar Perry; Respondent: Dr Dieter Walter Neupert
Jurisdiction
England and Wales
Judgment Date
20 June 2018
Procedural Posture
Appeal / Appeal From Summary Judgment on Counterclaim
Outcome
Appeal allowed
Legal Topics
Removal of Executor, Summary Judgment, Personal Representative Suitability
Probate Trusts and Estates Removal of Executor Summary Judgment Personal Representative Suitability

Case Brief

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Parties

Lea Lily Perry

Appellant

Tamar Perry

Appellant

Dr Dieter Walter Neupert

Respondent

Procedural Posture

Appeal / Appeal From Summary Judgment on Counterclaim

Legal Issues

  1. 1 Whether summary judgment was appropriate in removing the appellants as potential personal representatives
  2. 2 Whether the appellants had prejudged the estate's liabilities and were unsuitable as personal representatives

Ratio Decidendi

The appeal was allowed because there were serious disputes of fact regarding the suitability of the appellants as personal representatives, and their credibility should be tested at trial. Summary judgment was not appropriate in these circumstances.

Court Disposition

Appeal allowed

Orders

  • Summary judgment set aside
  • Matter remitted for trial limited to suitability of the appellants as personal representatives