Craig v Craig

Craig v Craig

The defendant must account to the estate for the net income actually received from the property (£500 per month), not market rent, with allowable deductions for specified expenses (£2,001). The defendant is responsible for the Anglian Windows fitting cost. Shares are to be valued at the date of transfer. The silver items not listed in the probate valuation are to be valued and distributed per the agreement, with credit given as appropriate. The property is to be transferred as soon as practicable, and the defendant must provide an indemnity as offered, with the cost of drafting to be borne by him.

Parties
Claimant: Michelle Christina Craig; Defendant: Paul Richard Craig
Jurisdiction
England and Wales
Judgment Date
02 August 2018
Procedural Posture
Probate/administration of Estate / Judgment After Disposal Hearing
Outcome
Issues determined; directions given for completion of estate administration.
Legal Topics
Intestacy, Administration of Estates, Distribution of Assets, Personal Representatives, Indemnity
Probate Trusts and Estates Intestacy Administration of Estates Distribution of Assets Personal Representatives Indemnity

Case Brief

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Parties

Michelle Christina Craig

Claimant

Paul Richard Craig

Defendant

Procedural Posture

Probate/administration of Estate / Judgment After Disposal Hearing

Legal Issues

  1. 1 Meaning of 'net income (rent)' in prior order and allowable deductions
  2. 2 Responsibility for 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, with allowable deductions for specified expenses (£2,001). The defendant is responsible for the Anglian Windows fitting cost. Shares are to be valued at the date of transfer. The silver items not listed in the probate valuation are to be valued and distributed per the agreement, with credit given as appropriate. The property is to be transferred as soon as practicable, and the defendant must provide an indemnity as offered, with the cost of drafting to be borne by him.

Court Disposition

Issues determined; directions given for completion of estate administration.

Orders

  • Defendant to account to the estate for actual rent received (£500/month) less £2,001 expenses and £150 travel costs.
  • Defendant to pay Anglian Windows fitting cost (£1,050).