Riley v Seed & Anor

Riley v Seed & Anor

The breakdown in relations between the three executors, resulting in an impasse and inability to administer the estate, justifies removal of all executors and appointment of an independent personal representative. The court is satisfied that neither group should be allowed to administer the estate to the exclusion of the other, and only an independent executor can ensure proper administration.

Parties
First Claimant: Mrs Lucie Riley; Second Claimant: Miss Tracie Lee Seed; Defendant: Miss Jayne Lesley Seed
Jurisdiction
England and Wales
Judgment Date
11 June 2013
Procedural Posture
Probate/trust Dispute / Final Judgment
Outcome
All three executors removed; independent personal representative to be appointed.
Legal Topics
Removal of Executors, Appointment of Independent Personal Representative, Costs in Probate Litigation
Probate Trusts Civil Procedure Removal of Executors Appointment of Independent Personal Representative Costs in Probate Litigation

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Parties

Mrs Lucie Riley

First Claimant

Miss Tracie Lee Seed

Second Claimant

Miss Jayne Lesley Seed

Defendant

Procedural Posture

Probate/trust Dispute / Final Judgment

Legal Issues

  1. 1 Whether breakdown in relations between executors justifies removal
  2. 2 Whether all executors should be removed and replaced by an independent personal representative
  3. 3 Allocation of costs in probate litigation

Ratio Decidendi

The breakdown in relations between the three executors, resulting in an impasse and inability to administer the estate, justifies removal of all executors and appointment of an independent personal representative. The court is satisfied that neither group should be allowed to administer the estate to the exclusion of the other, and only an independent executor can ensure proper administration.

Court Disposition

All three executors removed; independent personal representative to be appointed.

Orders

  • All three executors (claimants and defendant) are removed from office.
  • Matter referred to Chancery district judge to appoint an independent personal representative unless parties agree.