Changizi v Mayes & Anor [2024] EWHC 6 (Ch) (08 January 2024)

Changizi v Mayes & Anor [2024] EWHC 6 (Ch) (08 January 2024)

The court held that the proceeds of sale of English leasehold properties forming part of the estate remain subject to English law as immovable property for succession purposes, and do not become movable property upon sale. The claimant's liabilities to the estate, including unpaid costs orders and inheritance tax, exceed his share of the English estate, leaving nothing to distribute to him. The claimant failed to provide sufficient evidence that a stay would stifle his claim. Given the abusive conduct in previous proceedings and the unpaid costs, it would be unjust and unfair to require the executors to defend the claim without payment. The claim is stayed until the outstanding costs are...

Citation
[2024] EWHC 6 (Ch)
Parties
Claimant: Sharas Alexander Changizi; Defendant: Robin Donald Mayes; Defendant: Pamela Kathleen Changizi
Jurisdiction
England and Wales
Judgment Date
08 January 2024
Procedural Posture
Part 8 Claim / Application for Stay of Proceedings and Cross Application for Distribution
Outcome
Claim stayed until outstanding costs are paid; claimant's application dismissed
Legal Topics
Administration of Estates, Executors' Duties, Costs Orders, Conflict of Laws—movable and Immovable Property, Inheritance Tax, Devastavit, Disclosure of Documents
Trusts and Estates Probate Conflict of Laws Administration of Estates Executors' Duties Costs Orders Conflict of Laws—movable and Immovable Property Inheritance Tax +2 more

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Parties

Sharas Alexander Changizi

Claimant

Robin Donald Mayes

Defendant

Pamela Kathleen Changizi

Defendant

Procedural Posture

Part 8 Claim / Application for Stay of Proceedings and Cross Application for Distribution

Legal Issues

  1. 1 Whether the claim should be stayed pending payment of outstanding costs orders by the claimant
  2. 2 Whether proceeds of sale of English real property remain immovable property for succession purposes under English law or become movable and subject to Spanish law
  3. 3 Whether the claimant is entitled to distribution from the estate given his liabilities

Ratio Decidendi

The court held that the proceeds of sale of English leasehold properties forming part of the estate remain subject to English law as immovable property for succession purposes, and do not become movable property upon sale. The claimant's liabilities to the estate, including unpaid costs orders and inheritance tax, exceed his share of the English estate, leaving nothing to distribute to him. The claimant failed to provide sufficient evidence that a stay would stifle his claim. Given the abusive conduct in previous proceedings and the unpaid costs, it would be unjust and unfair to require the executors to defend the claim without payment. The claim is stayed until the outstanding costs are...

Court Disposition

Claim stayed until outstanding costs are paid; claimant's application dismissed

Orders

  • The claim is stayed until the claimant pays the outstanding costs in full.
  • If costs are not paid within 3 months, the executors may apply for a peremptory unless order to strike out the claim.