Swann v Gillan & Anor [2005] NIMaster 32 (16 November 2005)

Swann v Gillan & Anor [2005] NIMaster 32 (16 November 2005)

Mr Swann was not an appropriate person to extract a grant of administration to the estate, failed to make full and frank disclosure in his ex parte application, and had no proper standing; the emergency grant must be revoked and funds paid into court.

Citation
[2005] NIMaster 32
Parties
Applicant: William Swann; First Respondent: Brian Gillan; Second Respondent: Ellen Hannon
Jurisdiction
Northern Ireland
Judgment Date
16 November 2005
Procedural Posture
Probate Application / Contested Application for Revocation of Emergency Grant Ad Colligenda Bona
Outcome
Emergency grant revoked; ex parte order discharged; funds to be paid into court; costs orders made.
Legal Topics
Letters of Administration, Emergency Grant Ad Colligenda Bona, Standing of Applicant, Disclosure Obligations, Costs
Probate Family Law Letters of Administration Emergency Grant Ad Colligenda Bona Standing of Applicant Disclosure Obligations Costs

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Parties

William Swann

Applicant

Brian Gillan

First Respondent

Ellen Hannon

Second Respondent

Procedural Posture

Probate Application / Contested Application for Revocation of Emergency Grant Ad Colligenda Bona

Legal Issues

  1. 1 Whether Mr Swann was an appropriate person to extract a grant of administration ad colligenda bona
  2. 2 Whether Mr Swann made full and frank disclosure in his ex parte application
  3. 3 Entitlement of relatives to apply for grant of administration

Ratio Decidendi

Mr Swann was not an appropriate person to extract a grant of administration to the estate, failed to make full and frank disclosure in his ex parte application, and had no proper standing; the emergency grant must be revoked and funds paid into court.

Court Disposition

Emergency grant revoked; ex parte order discharged; funds to be paid into court; costs orders made.

Orders

  • Mr Swann to pay all estate funds in his hands or to his order into court.
  • Emergency grant revoked and ex parte order of 13 October 2004 discharged.