A. B. v. E. F [1901] ScotLR 38_446 (08 March 1901)

A. B. v. E. F [1901] ScotLR 38_446 (08 March 1901)

Persistent and unexplained neglect of statutory duties by a curator bonis, including repeated failure to comply with the Accountant of Court's requisitions, constitutes sufficient grounds for removal from office, even in the absence of proven malversation or loss to the estate.

Citation
[1901] ScotLR 38_446
Parties
Petitioner: A. B.; Respondent: E. F.
Jurisdiction
Scotland
Judgment Date
08 March 1901
Procedural Posture
Petition for Removal of Curator Bonis / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
petition allowed; curator bonis removed
Legal Topics
Curator Bonis, Neglect of Duty, Removal From Office, Court Supervision of Fiduciaries
Trusts and Estates Judicial Administration Curator Bonis Neglect of Duty Removal From Office Court Supervision of Fiduciaries

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Parties

A. B.

Petitioner

E. F.

Respondent

Procedural Posture

Petition for Removal of Curator Bonis / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether persistent neglect of duty and failure to comply with court requisitions by a curator bonis justifies removal from office.

Ratio Decidendi

Persistent and unexplained neglect of statutory duties by a curator bonis, including repeated failure to comply with the Accountant of Court's requisitions, constitutes sufficient grounds for removal from office, even in the absence of proven malversation or loss to the estate.

Court Disposition

petition allowed; curator bonis removed

Orders

  • Respondent removed from office of curator bonis.
  • Respondent found liable in expenses to petitioner.