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