Karen Lane v Susan Dorothy Lane & Ors
[2024] EWHC 275 (Ch)
Miles Sealy Connell & Anor v Timothy James Boyton Connell
18 October 2024
[2024] EWHC 2646 (Ch)
High Court
A family feud over their mother's will led to one son being removed as executor because he was making things difficult. His father and brother can stay on as executors, but a neutral professional will be brought in to help manage things fairly.
Key Facts
- •Disputed administration of Josephine Connell's estate.
- •Claimants (husband and son) sought removal of Defendant (son) as executor under s.50 Administration of Justice Act 1985.
- •Deceased died on 14 July 2022; Will appointed all three sons as executors.
- •Estate valued at approximately £465,000.
- •Defendant challenged the accuracy of draft accounts and questioned Will's validity (later retracted).
- •Defendant made numerous demands, including nullifying a hotchpot clause and pursuing a claim against his ex-wife.
- •Significant breakdown in family relationships.
Legal Principles
Overriding consideration is whether estate administration can be carried out properly; best interests of beneficiaries as a whole.
Harris v Earwicker [2015] EWHC 1915 (Ch) at [9]
Removal/replacement of executor not dependent on finding of wrongdoing; good arguable case suffices.
Harris v Earwicker [2015] EWHC 1915 (Ch) at [9]
Testator's wishes regarding executors are a factor, but beneficiaries have no right to demand replacement.
Harris v Earwicker [2015] EWHC 1915 (Ch) at [9]
Executor questioning Will's validity is usually grounds for removal.
Pegler v McDonald [2022] EWHC 2405 (Ch) at [40]-[41]
Conflict between executor's interests and those of the estate can be grounds for removal.
Pegler v McDonald [2022] EWHC 2405 (Ch) at [21]-[37]
S.50 applications should not be used to ventilate irrelevant matters.
Schumacher v Clarke [2019] EWHC 1031 (Ch)
Recital of a loan in a will, even if inaccurate, binds the legatee to account for it.
Theobald on Wills (19th ed., 2021), at 40-057
Section 50 of the Administration of Justice Act 1985 allows the court to appoint a substitute for, or remove, a personal representative.
Administration of Justice Act 1985
Outcomes
Defendant removed as executor and trustee.
Defendant's conduct hindered estate administration, included baseless allegations against family members, and demonstrated hostility and lack of impartiality.
Claimants remain as executors.
While some criticisms of their conduct existed, they did not warrant removal, especially considering the relatively modest size of the estate and the deceased's wishes.
Independent professional executor appointed.
To ensure impartial review of accounts, guidance on further steps, and protection of all beneficiaries' interests.
Claimants to prepare and file revised estate accounts, including those related to dealings with the deceased's assets while she was alive using the power of attorney.
To address identified mistakes and ensure transparency and accuracy.