Charles Cooper | Barrister & Mediator

Category: Probate

Fernandez v. Fernandez [2025] EWHC 2373 (Ch)

When deciding to remove an executor under s.50 AJA 1985 the test is not whether ‘continuation in office would impede the due administration of the estate or cause harm to the beneficiaries’, nor whether the ‘estate was endangered’, and the Court was entitled to take into account various conflicts of interest and ‘that personal hostility…
Read more: Fernandez v. Fernandez [2025] EWHC 2373 (Ch)
Rogers v. Wills [2025] EWHC 1367 (Ch)

An estate is liable for the value of care provided by a daughter either under contract or on the basis of unjust enrichment, where the deceased ‘accepted those benefits, having the opportunity to decline them, and knowing that they were expected to be paid for (free acceptance)’: https://caselaw.nationalarchives.gov.uk/ewhc/ch/2025/1367
Read more: Rogers v. Wills [2025] EWHC 1367 (Ch)
Osborne & Anor v. Osborne [2025] EWHC 455 (Ch)

A residuary beneficiary is removed as executor where the Court had ‘not found that he was guilty of any wrongdoing and, in particular, that he has consciously preferred his own interests to the interests of the estate… [but] that the Letter of Wishes and the Defendant’s reliance on it give rise to a conflict’: https://caselaw.nationalarchives.gov.uk/ewhc/ch/2025/455
Read more: Osborne & Anor v. Osborne [2025] EWHC 455 (Ch)