Liu v Matyas

Liu v Matyas

Where both proposed professional executors are equally qualified and there are no special factors favouring one over the other, the court should prefer the candidate whose appointment is likely to result in lower costs to the estate. Ms Bagha's lower hourly rate and sufficient experience make her the appropriate choice as executor.

Parties
Claimant: Pu Liu; Defendant: Tibor Matyas
Jurisdiction
England and Wales
Judgment Date
07 October 2020
Procedural Posture
Probate/part 8 Claim / Disposal Hearing
Outcome
Application granted in part
Legal Topics
Removal of Executor, Appointment of Independent Administrator, Costs in Probate Proceedings
Probate Trusts Estate Administration Removal of Executor Appointment of Independent Administrator Costs in Probate Proceedings

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Parties

Pu Liu

Claimant

Tibor Matyas

Defendant

Procedural Posture

Probate/part 8 Claim / Disposal Hearing

Legal Issues

  1. 1 Whether the defendant should be removed as executor of the estate of Huan Liu
  2. 2 Who should be appointed as independent professional executor
  3. 3 How costs should be allocated

Ratio Decidendi

Where both proposed professional executors are equally qualified and there are no special factors favouring one over the other, the court should prefer the candidate whose appointment is likely to result in lower costs to the estate. Ms Bagha's lower hourly rate and sufficient experience make her the appropriate choice as executor.

Court Disposition

Application granted in part

Orders

  • Ms Sukhi Bagha of Curzon Green appointed as professional solicitor executor of the estate of Huan Liu in place of both parties.