Philip King v Stephen King

Philip King v Stephen King

Special circumstances exist due to the high level of contention, lack of proportionality and objectivity by both brothers, and the need to protect the interests of all beneficiaries. It is necessary and expedient to pass over both Philip and Stephen King and appoint an independent professional administrator under section 116 Senior Courts Act 1981.

Parties
Appellant: Philip King; Respondent: Stephen King
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Probate Appeal / Appeal From District Probate Registrar to High Court Judge
Outcome
Appeal allowed in part; order of Registrar set aside; both brothers passed over; independent administrator appointed.
Legal Topics
Appointment of Administrator, Intestacy, Non Contentious Probate, Section 116 Senior Courts Act 1981, Discretion to Pass Over Entitled Applicants
Probate Family Law Appointment of Administrator Intestacy Non Contentious Probate Section 116 Senior Courts Act 1981 Discretion to Pass Over Entitled Applicants

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 12 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Philip King

Appellant

Stephen King

Respondent

Procedural Posture

Probate Appeal / Appeal From District Probate Registrar to High Court Judge

Legal Issues

  1. 1 Who should be appointed as administrator of the estate of Eric Sidney King?
  2. 2 Whether either Philip King or Stephen King is suitable for appointment as administrator?
  3. 3 Whether special circumstances exist to justify passing over both brothers and appointing an independent administrator under section 116 Senior Courts Act 1981?

Ratio Decidendi

Special circumstances exist due to the high level of contention, lack of proportionality and objectivity by both brothers, and the need to protect the interests of all beneficiaries. It is necessary and expedient to pass over both Philip and Stephen King and appoint an independent professional administrator under section 116 Senior Courts Act 1981.

Court Disposition

Appeal allowed in part; order of Registrar set aside; both brothers passed over; independent administrator appointed.

Orders

  • Order of District Probate Registrar dated 11 July 2023 set aside.
  • Grant of letters of administration to Stephen King dated 7 August 2023 revoked.