Miles Sealy Connell & Anor v Timothy James Boyton Connell
[2024] EWHC 2646 (Ch)
Philip King v Stephen King
15 November 2023
[2023] EWHC 2822 (Fam)
High Court
Two brothers fought over who should manage their dad's money after he died. A judge decided one brother was too difficult and appointed a neutral professional to do the job instead, to avoid more arguments and keep things fair.
Key Facts
- •Eric Sidney King died intestate on 15 April 2021, domiciled in England and Wales.
- •His sons, Philip King and Stephen King, disputed the appointment of administrator.
- •Both Philip and Stephen are entitled to the grant of administration as children of the deceased.
- •Other potential beneficiaries include three children of a predeceased son, Eric Kim King, and potentially three further individuals claiming to be children of the deceased.
- •Philip alleged Stephen's dishonesty, conflict of interest, and misconduct.
- •Specific allegations included overvaluation of property in the IHT400, unauthorized occupation of the deceased's property, and a potential claim against Stephen's son.
Legal Principles
Order of priority for a grant of administration in intestacy.
Non-Contentious Probate Rules 1987 (NCPR 1987), Rule 22(1)
Court's discretion in appointing an administrator where multiple individuals of the same degree are entitled.
Senior Courts Act 1981 (SCA 1981), s.114(1)
Procedure governing disputes between persons entitled to a grant in the same degree.
NCPR 1987, r.27(4)-(8)
Factors considered in appointing an administrator in disputes (including suitability, conflict of interest, views of beneficiaries).
Tristram & Coote’s Probate Practice (32nd ed)
Power of the court to appoint an independent administrator in special circumstances.
SCA 1981, s.116
Appeals from a District Probate Registrar's decision are governed by the Rules of the Supreme Court 1965 (RSC 1965), Ord. 58, not the CPR 1998.
NCPR 1987, r.3(1); RSC 1965, Ord. 58 r. 1(1); CPR 1998, r.2.1
Appeal is a rehearing, not just a review; judge can decide afresh.
Evans v Bartlam [1937] AC 473
Evidential presumption regarding individuals related to the deceased whose parents were not married at the time of their birth.
Section 21 Family Law Reform Act 1987
Outcomes
Appeal allowed in part; District Probate Registrar's order set aside.
The judge, after a rehearing, determined that the circumstances warranted appointing an independent administrator.
Grant of letters of administration to Stephen King revoked.
Based on the evidence presented and the judge's assessment of Philip and Stephen's suitability, the grant was revoked.
Grant of letters of administration issued to Mr. Adam Draper of Rothley Law Ltd.
Appointment of an independent administrator deemed necessary and expedient due to the ongoing family dispute and potential complexity of the estate distribution.