Sharas Alexander Changizi v Robin Donal Mayes & Anor

Sharas Alexander Changizi v Robin Donal Mayes & Anor

The proceeds of sale of English leasehold properties in the estate retain their status as immovable assets under English law for succession purposes; the claim is stayed until previous costs orders are paid, as failure to pay constitutes abuse of process and it would be unjust for the executors to defend further proceedings without payment.

Parties
Claimant: Sharas Alexander Changizi; Defendant: Robin Donald Mayes; Defendant: Pamela Kathleen Changizi
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Part 8 Claim / Ruling on Applications for Stay and Distribution
Outcome
Claim stayed pending payment of outstanding costs; Sharas' application dismissed.
Legal Topics
Estate Administration, Costs Orders, Succession, Movable and Immovable Property, Inheritance Tax
Probate Trusts Conflict of Laws Estate Administration Costs Orders Succession Movable and Immovable Property Inheritance Tax

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Parties

Sharas Alexander Changizi

Claimant

Robin Donald Mayes

Defendant

Pamela Kathleen Changizi

Defendant

Procedural Posture

Part 8 Claim / Ruling on Applications for Stay and Distribution

Legal Issues

  1. 1 Whether the proceeds of sale of English real property in the estate constitute movable or immovable assets under English law
  2. 2 Whether the claim should be stayed until previous costs orders are paid
  3. 3 Whether Sharas is entitled to distribution from the estate

Ratio Decidendi

The proceeds of sale of English leasehold properties in the estate retain their status as immovable assets under English law for succession purposes; the claim is stayed until previous costs orders are paid, as failure to pay constitutes abuse of process and it would be unjust for the executors to defend further proceedings without payment.

Court Disposition

Claim stayed pending payment of outstanding costs; Sharas' application dismissed.

Orders

  • Claim stayed until outstanding costs are paid in full.
  • If costs not paid within 3 months, executors may apply for a peremptory unless order.