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England and Wales decisions
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The court declined to decide the disclaimer issue due to absence of substitute legatees as parties and insufficient evidence, but granted liberty to the claimant to distribute the residue on the footing that the defendant has disclaimed, protecting the claimant from liability.
Source excerpt
Lowe v Daniells [2025] EWHC 3297 (Ch) (17 December 2025)
The High Court considered whether a residuary beneficiary’s conduct amounted to disclaimer in an estate administration dispute and granted the personal representative protective liberty to distribute on that footing.
The High Court removed an executor of an estate because of serious conflict-of-interest concerns, delay, and viable estate claims over assets and accounts.
Connell & Anor v Connell [2024] EWHC 2646 (Ch) (18 October 2024)
The High Court removed one executor from a family estate dispute, upheld the remaining executors, and ordered appointment of an independent professional executor.
Brookman & Anor v Potts & Anor [2021] EWHC 2861 (Ch) (27 October 2021)
The High Court refused to remove trustees/executors of Arthur Brookman’s estate, finding no improper refusal to seek occupation rent or sell the property.
Otubu & Ors v Otubu (Re Estate of Godfrey Itse Mene Otubu) [2021] EWHC 1354 (Ch) (20 May 2021)
The High Court replaced the defendant as personal representative of an estate and ordered the land register altered for two properties. No fraud finding was made.
The High Court removed the defendant as personal representative, ordered the land register altered for two properties, and made no finding on fraud.
The court removed an estate administrator under section 50 because unresolved claims and conflicts made continued appointment inappropriate. Mr Pintus was appointed instead.
The High Court held that an attorney under a registered lasting power of attorney had standing to seek substitution as personal representative and removed a caveat.
The High Court dismissed a recusal application against Master Matthews in estate litigation, finding no credible evidence of actual or apparent bias.
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