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England and Wales decisions
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The High Court held that a CPR 19.12 representative is not automatically liable for all costs. Catherine O’Boyle was liable only for post-appointment costs, on the standard basis.
The High Court ordered both parties’ costs to be paid from the estate on the indemnity basis and refused the defendant permission to appeal.
Timothy Connell's conduct, including persistent hostility, baseless and improper allegations, disruptive and unjustified demands, and fixation on personal grievances, has made it impossible for the estate to be properly administered with him as executor. It is in the best interests of the beneficiaries as a whole that he be removed as executor and trustee. Miles and Rupert Connell may remain as executors, subject to directions to prepare and file accounts, and an independent professional executor is to be appointed to act alongside them.
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The claimant's conduct contributed to increased costs and complexity in the substituted personal representatives' application for directions. It is not fair or proper to divide costs evenly between beneficiaries. The claimant is ordered to bear 65% of the costs out of her share of the estate, and the defendant 35%, reflecting their respective contributions to the proceedings and conduct.
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The court found that the estate of Mr Zhang Zhenxin is insolvent, there is a lack of transparency and representation, and assets have been disposed of without adequate protection for creditors. Mrs Zhang has not provided undertakings or information, and intends to continue dealing with estate assets. The defence of illegality/fraud is not genuine or substantial on the evidence. It is necessary for the protection of the estate to appoint interim receivers, and the balance of prejudice favours appointment. The applicant's cross-undertaking in damages and security are adequate.
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The court declined to order further disclosure as the defendants had provided all available documents, the passage of time rendered further searches unreasonable and unlikely to yield results, and the claimant had sufficient information to vindicate her rights if she wished.
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Eternity Sky Investments Ltd v Estate of Zhang Zhenxin & Anor [2023] EWHC 2744 (Ch) (03 November 2023)
The High Court appointed interim receivers over the estate of Zhang Zhenxin, finding the insolvent estate needed protection pending an administration petition.
Totton & Anor v Totton [2022] EWHC 2916 (Ch) (07 October 2022)
A High Court contempt judgment in an estate dispute. The respondent partly complied late, but the court found past contempt remained and imposed six weeks’ imprisonment.
The High Court removed both executors from Barry Leonard Morris’s estate and appointed an independent personal representative after finding the administration was being undermined.
The High Court ordered an executor to account for the Crozier estate, finding the beneficiary had an indirect interest, but held no further account was needed for the Howes estate.
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