Long v Rodman & Ors

Long v Rodman & Ors

Mr Long should be removed as administrator because there are non-trivial complaints and potential claims against him, creating conflicts of interest that make it inappropriate for him to remain in office. The administration is not complete, and it is in the best interests of the beneficiaries for an independent administrator to be appointed. Linda and Debra are not suitable due to past conduct and lack of candour; Mr Pintus is suitable and will be appointed.

Parties
Claimant: David Eric Long; Defendant: Linda Ann Rodman; Defendant: Debra Fay Rodman; Defendant: Barbara Susan Rodman; Defendant: Roberta Rodman Hanley
Jurisdiction
England and Wales
Judgment Date
29 March 2019
Procedural Posture
Probate/administration of Estate / Application Under Section 50 Administration of Justice Act 1985 for Removal and Replacement of Administrator
Outcome
Application granted in part; Mr Long removed as administrator and replaced by Mr Pintus. Application for hearing in private granted; no order on Mr Long's application for directions.
Legal Topics
Removal of Personal Representative, Administration of Estate, Conflict of Interest, Fiduciary Duties
Probate Trusts and Estates Removal of Personal Representative Administration of Estate Conflict of Interest Fiduciary Duties

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Parties

David Eric Long

Claimant

Linda Ann Rodman

Defendant

Debra Fay Rodman

Defendant

Barbara Susan Rodman

Defendant

Roberta Rodman Hanley

Defendant

Procedural Posture

Probate/administration of Estate / Application Under Section 50 Administration of Justice Act 1985 for Removal and Replacement of Administrator

Legal Issues

  1. 1 Whether the administrator (Mr Long) should be removed under section 50 Administration of Justice Act 1985
  2. 2 Whether Linda and Debra Rodman are suitable to be appointed as administrators
  3. 3 Whether Mr Pintus should be appointed as administrator

Ratio Decidendi

Mr Long should be removed as administrator because there are non-trivial complaints and potential claims against him, creating conflicts of interest that make it inappropriate for him to remain in office. The administration is not complete, and it is in the best interests of the beneficiaries for an independent administrator to be appointed. Linda and Debra are not suitable due to past conduct and lack of candour; Mr Pintus is suitable and will be appointed.

Court Disposition

Application granted in part; Mr Long removed as administrator and replaced by Mr Pintus. Application for hearing in private granted; no order on Mr Long's application for directions.

Orders

  • Mr Long removed as administrator of Norman Rodman's estate.
  • Mr Pintus appointed as administrator in place of Mr Long.