The authorities referred to in Andrew Bishop and Stephen Lawson’s talk on executor removal

Authorities referred to in the member talk include

  • Section 50 of the Administration of Justice Act 1985
  • Section 116 of the Senior Courts Act 1981
  • Law Society Practice Note – appointment of a professional Executor – information to be given to a testator before appointment. What is the client’s best interests?
  • Wills & Inheritance Quality Scheme
  • Firm should have a written policy for removal – consider reasons for appointment, views of beneficiaries etc.
  • How should the Court exercise its discretion?
  • The following is the summary of the applicable principles in the judgment of Chief Master Marsh in Harris v Earwicker [2015] EWHC 1915 (Ch) at [9]…
  • Griffin v Higgs [2017] EWHC 2559 (Ch)
  • AKA Re Folkes
  • Griffin v Higgs [2018] EWHC 2498 (Ch)
  • Richman v WAG Davidson [2020] EWHC 3794 (CH)
  • King v King [2023] EWHC 2822 (Fam)
  • Bowser v Smith [2023] EWCA Civ 923
  • Appeal against an order for costs made by a first instance Judge
  • Civil Procedure Rules Part 44 and Part 46