Pegler & Ors v McDonald & Anor (Re Estate of Clive McDonald) [2022] EWHC 2405 (Ch) (29 September 2022)

Pegler & Ors v McDonald & Anor (Re Estate of Clive McDonald) [2022] EWHC 2405 (Ch) (29 September 2022)

The defendant's equivocal approach to the validity of the will, inability to work with others, lack of neutrality, misapplication of estate assets, pursuit of hopeless litigation, and refusal to accept the authority of the court, taken together, amount to special circumstances justifying his removal or passing over as executor in the best interests of the beneficiaries.

Citation
[2022] EWHC 2405 (Ch)
Parties
Claimant: Karen Pegler; Claimant: Tamara Sarah Stringer; Claimant: Serena Juliet Gahagan Hulme; Claimant: Jeremy Edwin Stanley Gahagan; Defendant: Timothy Bruce McDonald; Defendant: Hugh James Trust Corporation Limited
Jurisdiction
England and Wales
Judgment Date
29 September 2022
Procedural Posture
Claim Under CPR Part 8 for Removal or Passing Over of Executor(s) of Will / Trial Judgment
Outcome
First defendant passed over and removed as executor; administration to continue with second defendant only.
Legal Topics
Removal of Executor, Passing Over Executor, Conflict of Interest, Administration of Estates, Personal Representative Conduct
Probate Trusts and Estates Removal of Executor Passing Over Executor Conflict of Interest Administration of Estates Personal Representative Conduct

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 5 Authorities cited 15 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Karen Pegler

Claimant

Tamara Sarah Stringer

Claimant

Serena Juliet Gahagan Hulme

Claimant

Jeremy Edwin Stanley Gahagan

Claimant

Timothy Bruce McDonald

Defendant

Hugh James Trust Corporation Limited

Defendant

Procedural Posture

Claim Under CPR Part 8 for Removal or Passing Over of Executor(s) of Will / Trial Judgment

Legal Issues

  1. 1 Whether the first defendant should be passed over or removed as executor of the estate of Clive McDonald under section 116 of the Senior Courts Act 1981 and/or section 50 of the Administration of Justice Act 1985

Ratio Decidendi

The defendant's equivocal approach to the validity of the will, inability to work with others, lack of neutrality, misapplication of estate assets, pursuit of hopeless litigation, and refusal to accept the authority of the court, taken together, amount to special circumstances justifying his removal or passing over as executor in the best interests of the beneficiaries.

Court Disposition

First defendant passed over and removed as executor; administration to continue with second defendant only.

Orders

  • First defendant is passed over for the purposes of the grant of administration to the estate of Clive McDonald under section 116 of the Senior Courts Act 1981.
  • Alternatively, first defendant is removed as executor under section 50 of the Administration of Justice Act 1985.