Removal of Executor/Personal Representative and Trustee
Daniel Winter acted in a successful claim for removal of a Personal Representative and trustee. Acting for Mrs A, who was the cohabiting partner of the deceased and sole beneficiary under his will, proceedings were issued in the High Court to remove the deceased’s son as personal representative of the Estate on the basis of his unreasonable conduct towards our client and obstructive attitude.
The claim was brought under s50 of the Administration of Justice Act 1985 for the termination of the appointment of the son who was being obstructive. The application was issued in the Chancery Division of the High Court and was granted by the Master. Daniel also succeeded in recovering payment of our client’s costs, from the Personal Representative and Trustee who was removed, paid from his personal pocket and therefore not depleting the assets of the Estate.