Lakeman v Lakeman [2023] JRC 187 (19 October 2023)

Respondent's unreasonable delay, failure to open executor account, lack of objectivity, animus towards beneficiaries, and failure to comply with court orders constituted exceptional grounds for removal under Article 17(1) Probate (Jersey) Law 1998.

Citation: [2023] JRC 187
Parties: Applicant: Representor; Respondent: Respondent
Jurisdiction: Jersey
Judgment Date: 19 October 2023
Procedural Posture: Probate Removal Application / Final Judgment
Outcome: Respondent removed as executor; professional executor appointed; costs order against Respondent.
Legal Topics: Removal of Executor, Exceptional Grounds, Fiduciary Duties, Delay in Administration, Executor's Competence, Executor's Independence

Probate Estate Administration Fiduciary Law Removal of Executor Exceptional Grounds Fiduciary Duties Delay in Administration Executor's Competence +1 more

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Representor

Applicant

Respondent

Procedural Posture

Probate Removal Application / Final Judgment

Legal Issues

1 Whether exceptional grounds exist for removal of executor under Article 17(1) Probate (Jersey) Law 1998
2 Whether Respondent failed to administer estate competently and independently
3 Whether Respondent's conduct justified removal and costs order

Ratio Decidendi

Court Disposition

Respondent removed as executor; professional executor appointed; costs order against Respondent.

Orders

Respondent removed forthwith as executor of Hazel Lakeman's estate under Article 17(1) Probate (Jersey) Law 1998.
Viberts Executors Limited appointed as executor; Judicial Greffier directed to grant probate to Viberts Executors Limited.