OM Estate 25-Jan-2021 [2021] JRC 023 (25 January 2021)

OM Estate 25-Jan-2021 [2021] JRC 023 (25 January 2021)

Given the persistent deadlock among executors and the disproportionate cost and delay caused, the court has jurisdiction and exercises its discretion to direct the delegation of executor powers to Advocate Binnington to wind up the estate, as this is in the best interests of the beneficiaries and consistent with the powers conferred by the Will and applicable law.

Citation
[2021] JRC 023
Parties
Representor/executor: PC; Representor/executor: AC; Executor: LC; Executor: MC; Executor: CG; Beneficiary/widow: Mrs C; Residuary Beneficiary/trustee of GDS: BNP Paribas (BNP); Administrator of Estate: Advocate Binnington
Jurisdiction
Jersey
Judgment Date
25 January 2021
Procedural Posture
Probate/estate Administration / Application for Directions to Resolve Executor Deadlock
Outcome
Relief granted (with minor modifications) as per the amended Representation; executor powers delegated to Advocate Binnington to complete administration of the estate.
Legal Topics
Executor Deadlock, Delegation of Executor Powers, Estate Administration, Court Directions, Trustee Powers, Beneficiary Interests
Probate Trusts and Estates Conflict of Laws Executor Deadlock Delegation of Executor Powers Estate Administration Court Directions Trustee Powers +1 more

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Parties

PC

Representor/executor

AC

Representor/executor

LC

Executor

MC

Executor

CG

Executor

Mrs C

Beneficiary/widow

BNP Paribas (BNP)

Residuary Beneficiary/trustee of GDS

Advocate Binnington

Administrator of Estate

Procedural Posture

Probate/estate Administration / Application for Directions to Resolve Executor Deadlock

Legal Issues

  1. 1 Whether the court has jurisdiction to direct delegation of executor powers due to deadlock
  2. 2 Whether further investigations into certain companies/assets are proportionate or necessary
  3. 3 Whether the administration of the estate can be brought to a close by court intervention

Ratio Decidendi

Given the persistent deadlock among executors and the disproportionate cost and delay caused, the court has jurisdiction and exercises its discretion to direct the delegation of executor powers to Advocate Binnington to wind up the estate, as this is in the best interests of the beneficiaries and consistent with the powers conferred by the Will and applicable law.

Court Disposition

Relief granted (with minor modifications) as per the amended Representation; executor powers delegated to Advocate Binnington to complete administration of the estate.

Orders

  • Advocate Binnington authorised to take all necessary steps to wind up the estate and execute documents on behalf of executors.
  • Advocate Binnington to appoint advisers, settle claims, sell assets, and wind up/dissolve specified companies as per Step Plan.