Daniel & Ors v Abiola & Anor

Daniel & Ors v Abiola & Anor

Administrators validly appointed under the common form grant retain authority to act and are authorised to make payments for the benefit of the estate, including professional fees, pending resolution of the dispute over the validity of the wills. The court will not appoint administrators pending suit where valid administrators exist and there is strong evidence supporting the 1989 Will.

Parties
Claimant: Timothy Hugh Daniel; Claimant: Adam Broke; Claimant: Kolawole Abiola; Defendant: Zainab Duke Abiola; Defendant: Onwuka Kalu
Jurisdiction
England and Wales
Judgment Date
25 June 2003
Procedural Posture
Probate / Interlocutory Application for Directions and Authorisation of Payments
Outcome
Application granted in part
Legal Topics
Validity of Wills, Administration of Estates, Appointment of Administrators, Distribution of Estate Assets, Payment of Professional Fees
Probate Trusts and Estates Validity of Wills Administration of Estates Appointment of Administrators Distribution of Estate Assets Payment of Professional Fees

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Parties

Timothy Hugh Daniel

Claimant

Adam Broke

Claimant

Kolawole Abiola

Claimant

Zainab Duke Abiola

Defendant

Onwuka Kalu

Defendant

Procedural Posture

Probate / Interlocutory Application for Directions and Authorisation of Payments

Legal Issues

  1. 1 Whether the administrators should be authorised to make payments from the estate
  2. 2 Whether the administrators can give a good receipt for monies held by DHCL
  3. 3 Whether payments to professionals and beneficiaries should be permitted pending resolution of will validity

Ratio Decidendi

Administrators validly appointed under the common form grant retain authority to act and are authorised to make payments for the benefit of the estate, including professional fees, pending resolution of the dispute over the validity of the wills. The court will not appoint administrators pending suit where valid administrators exist and there is strong evidence supporting the 1989 Will.

Court Disposition

Application granted in part

Orders

  • Administrators authorised to give good receipt for monies held by DHCL.
  • Administrators authorised to make payments ordered by the court and other payments properly made for the benefit of the estate.