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England and Wales Case Law

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Probate

Martin John Woolls v Lisa Ann Byrtt

The High Court refused to remove a sole executor under section 50, finding the alleged conflicts and claims were mostly speculative, minor, or disproportionate.

  • Removal of executor
  • Conflict of interest
  • Undue influence
  • Double portion rule
  • Administration of estates
  • Removal-of-executor
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Probate [2025] EWCC 67

Fraser-Andrews & Ors v Menezes

Fraser-Andrews & Ors v Menezes [2025] EWCC 67 (01 December 2025)

Summary judgment was granted on a deed of variation legacy claim, but the amount depends on an account of the estate. The claimants failed on a separate costs claim.

  • Deed of variation
  • Summary judgment
  • Administration of estates
  • Contractual obligations
  • Costs claims
  • Deed-of-variation
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Equity and trusts [2025] EWHC 2796 (Ch)

Scott v Estate of Richard Norman Scott & Ors

Scott v Estate of Richard Norman Scott & Ors [2025] EWHC 2796 (Ch) (29 October 2025)

The High Court rejected Adam Scott’s proprietary estoppel and probate challenges, upheld the 2016 wills, and held that the disputed tenancies were not shams.

  • Proprietary estoppel
  • Testamentary capacity
  • Sham tenancies
  • Validity of wills
  • Administration of estates
  • Proprietary-estoppel
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Land law

Naeem Nazir & Anor v Dilshad Begum

Land held by personal representatives in an unadministered estate is not 'subject to a trust' within the meaning of paragraph 12 of Schedule 6 to the Land Registration Act 2002. Therefore, such land remains capable of being acquired by adverse possession under the LRA 2002.

  • Adverse possession
  • Statutory trusts
  • Interpretation of trusts under land registration act
  • Administration of estates
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Private international law

The Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) & Ors

The High Court allowed Mozambique to join the deceased defendant’s widow and sons, amend the claim, and serve them out of the jurisdiction under Lebanese succession law.

  • Jurisdiction over foreign heirs
  • Joinder of parties
  • Service out of jurisdiction
  • Succession under lebanese law
  • Enforcement of judgments
  • Administration of estates
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Private international law [2025] EWHC 1481 (Comm)

The Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) & Ors

The Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) & Ors [2025] EWHC 1481 (Comm) (16 June 2025)

The Commercial Court allowed Mozambique to join Mr Safa’s heirs as defendants, holding the claims were personal succession liability claims, not estate administration.

  • Jurisdiction over foreign heirs
  • Joinder of parties
  • Succession and liability under lebanese law
  • Service out of jurisdiction
  • Appropriate forum
  • Administration of estates
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Probate

ACL Netherlands BV & Ors v Michael Richard Lynch & Anor

The court has jurisdiction under section 116 Senior Courts Act 1981 to appoint an administrator ad litem for the limited purpose of representing the estate in proceedings where executors have not renounced but refuse to act, provided special circumstances exist and undertakings are obtained from the executors to be bound by the order. The administrator's appointment may be effective immediately, with formal grant to follow, and his powers and liabilities may be limited as the court directs. Pre-death legal costs are not to be paid from estate assets under this order, and any solicitor's lien…

  • Substitution of parties
  • Administration of estates
  • Section 116 senior courts act 1981
  • Cpr 19.2 substitution
  • Legal professional privilege
  • Solicitor's lien
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Civil procedure [2025] EWHC 1171 (Ch)

ACL Netherlands BV & Ors v Lynch & Anor

ACL Netherlands BV & Ors v Lynch & Anor [2025] EWHC 1171 (Ch) (14 May 2025)

The High Court appointed an administrator for Dr Lynch’s estate under section 116 and substituted him as defendant so the proceedings could continue after Lynch’s death.

  • Substitution of parties
  • Section 116 senior courts act 1981
  • Administration of estates
  • Representation of deceased in litigation
  • Costs and liens
  • Cpr 19.2 substitution
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Property law [2025] EWCA Civ 587

Nazir & Anor v Begum

Nazir & Anor v Begum [2025] EWCA Civ 587 (07 May 2025)

The Court of Appeal held that land in an unadministered estate is not “subject to a trust” for paragraph 12 of Schedule 6 LRA 2002, so adverse possession can still be claimed.

  • Adverse possession
  • Statutory trusts
  • Land registration
  • Interpretation of trusts under lra 2002
  • Administration of estates
  • Adverse-possession
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Probate [2025] EWHC 1668 (Ch)

Pocza & Anor v Chopra

Pocza & Anor v Chopra [2025] EWHC 1668 (Ch) (28 April 2025)

The High Court removed an executor under section 50 of the Administration of Justice Act 1985, finding relations had broken down and estate administration needed a fresh start.

  • Removal of executor
  • Administration of estates
  • Section 50 administration of justice act 1985
  • Costs orders
  • Executor-removal
  • Probate
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About this LexChat collection

England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.