library
Court has wide power to substitute executor under will.
28 November 2011
On 25th November the High Court found that the Court’s discretion under Section 116 of the Senior Courts Act 1981 to remove an executor was a wide one. In the case in question, the fact that the beneficiaries were of full age, mental capacity and united in their intention of how to deal with the estate and the need for the executor to renounce his role, amounted to special circumstances under Section 116. Judgment was therefore given for the beneficiaries.
Khan v Crossland & Anot (2011) Ch D (Behrens HHJ)
Should you require advice on any element of probate law, whether contentious, or non-contentious, please do not hesitate to either contact our Wills and Probate or Litigation teams.
Andrew Petchey, Partner, Howell-Jones LLP
