Craig v Craig [2018] EWHC 3150 (Ch) (02 August 2018)

Craig v Craig [2018] EWHC 3150 (Ch) (02 August 2018)

The defendant must account to the estate for the net income actually received from the property (£500 per month), not market rent; allowable deductions total £2,001. The defendant is responsible for the Anglian Windows fitting cost. The shareholdings are to be valued at the date of transfer. The defendant is entitled to all silver items, including those not listed in the original valuation, subject to valuation and credit. The property transfer should proceed as soon as practicable. An indemnity is to be drawn up by EJW at the defendant's cost, covering risks arising from occupation and property condition.

Citation
[2018] EWHC 3150 (Ch)
Parties
Claimant: Michelle Christina Craig; Defendant: Paul Richard Craig
Jurisdiction
England and Wales
Judgment Date
02 August 2018
Procedural Posture
Probate/administration of Estate Dispute / Disposal Hearing Following Directions Hearing
Outcome
Issues determined; directions given for completion of estate administration and final distribution.
Legal Topics
Intestacy, Administration of Estates, Distribution of Estate Assets, Personal Representatives, Indemnity, Valuation of Assets
Probate Trusts and Estates Intestacy Administration of Estates Distribution of Estate Assets Personal Representatives Indemnity Valuation of Assets

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Parties

Michelle Christina Craig

Claimant

Paul Richard Craig

Defendant

Procedural Posture

Probate/administration of Estate Dispute / Disposal Hearing Following Directions Hearing

Legal Issues

  1. 1 Interpretation of 'net income (rent)' in prior court order and allowable deductions
  2. 2 Responsibility for payment of Anglian Windows invoice
  3. 3 Valuation date for transfer of shares

Ratio Decidendi

The defendant must account to the estate for the net income actually received from the property (£500 per month), not market rent; allowable deductions total £2,001. The defendant is responsible for the Anglian Windows fitting cost. The shareholdings are to be valued at the date of transfer. The defendant is entitled to all silver items, including those not listed in the original valuation, subject to valuation and credit. The property transfer should proceed as soon as practicable. An indemnity is to be drawn up by EJW at the defendant's cost, covering risks arising from occupation and property condition.

Court Disposition

Issues determined; directions given for completion of estate administration and final distribution.

Orders

  • Defendant to account to estate for actual rent received (£500/month) less £2,001 deductions.
  • Defendant to pay Anglian Windows fitting cost (£1,050).