Liu v Matyas [2020] EWHC 2807 (Ch) (7 October 2020)

Liu v Matyas [2020] EWHC 2807 (Ch) (7 October 2020)

Where candidates for professional executor are equally qualified, cost is a determining factor for appointment in a modest and straightforward estate; Ms Bagha's lower hourly rate and comparable experience justify her appointment over Mr Daniel.

Citation
[2020] EWHC 2807 (Ch)
Parties
Claimant: Pu Liu; Defendant: Tibor Matyas
Jurisdiction
England and Wales
Judgment Date
07 October 2020
Procedural Posture
Part 8 Claim / Disposal Hearing
Outcome
Ms Sukhi Bagha appointed as professional solicitor executor of the estate of Huan Liu; parties removed as executors.
Legal Topics
Removal of Executor, Appointment of Independent Administrator, Costs in Probate Proceedings
Probate Trusts Property Removal of Executor Appointment of Independent Administrator Costs in Probate Proceedings

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Parties

Pu Liu

Claimant

Tibor Matyas

Defendant

Procedural Posture

Part 8 Claim / Disposal Hearing

Legal Issues

  1. 1 Who should be appointed as substitute executor of the estate of Huan Liu
  2. 2 Costs of the proceedings

Ratio Decidendi

Where candidates for professional executor are equally qualified, cost is a determining factor for appointment in a modest and straightforward estate; Ms Bagha's lower hourly rate and comparable experience justify her appointment over Mr Daniel.

Court Disposition

Ms Sukhi Bagha appointed as professional solicitor executor of the estate of Huan Liu; parties removed as executors.

Orders

  • Ms Sukhi Bagha of Curzon Green Solicitors appointed as executor in place of claimant and defendant.
  • No cross-examination permitted at final hearing.